Trademark Registration in Portugal

You should register a trademark in Portugal because it is a “first-to-file” country: in most cases, only the registered owner enjoys full, exclusive rights. Unregistered marks are protected only in very exceptional situations.
To obtain protection, trademark applications must be filed with the **Portuguese Institute of Industrial Property (INPI) INPI. A national Portuguese registration also covers Madeira and the Azores.

Portugal is a member of the European Union, so you can also obtain protection through a **European Union Trademark (EUTM), and it is a member of the Madrid Protocol, allowing protection via an International Registration designating Portugal. We offer services for both EUTM filings and for Madrid System designations.

To register a trademark in Portugal, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

On average, the process to register a trademark in Portugal takes around 4 months for straightforward applications. This is an estimated timeframe based on current processing times and may vary considerably depending on objections or oppositions.

Once the registration is granted, your Portuguese trademark is valid for 10 years from the registration date.
After that, it can be renewed indefinitely in additional 10-year periods. Renewal can be requested:

• During the 6 months before the expiration date, or
• During a 6-month grace period after the expiration date, subject to payment of late renewal fees.

Yes. If someone files a trademark in Portugal that conflicts with yours, you can oppose the application before it is registered.
To do this, an opposition must be filed within 2 months from the date the application is published in the Industrial Property Bulletin. The chances of success will depend on the specific facts, evidence, and similarity between the marks and goods/services involved.

Use is not required to obtain registration in Portugal.
However, once registered, if the trademark is not used for a continuous period of 5 years, it becomes vulnerable to cancellation actions for non-use brought by third parties. In certain situations, the lack of use can be justified (for example, due to circumstances beyond the owner’s control).

Portugal recognizes 3D trademarks through the INPI. To register a 3D mark in Portugal, you should:

• File the application with clear graphical representations from different angles, showing the three-dimensional shape.
• Ensure that the shape is distinctive and not purely functional.
• Use the mark for shapes of products, packaging or containers, provided they can function as a trademark.

If the 3D mark does not have inherent distinctiveness, evidence of acquired distinctiveness through use in the Portuguese market may be required. The INPI website provides more detail on these requirements.