In Portugal, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Portuguese Institute of Industrial Property (INPI). Trademark registration in Portugal also grants protection in Madeira and the Azores.
Portugal is also a member of the European Union, therefore European Union Trademarks (EUTM) are protected in this jurisdiction. It is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
If you register a combined trademark (which includes both word elements and figurative elements) in Portugal, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by third parties against a trademark application within a period of two (2) months following its publication in the Industrial Property Bulletin. The probabilities of success for an opposition will vary in each case depending on the circumstances.
It is not necessary for a trademark to be in use in Portugal in order for it to register. However, it must not go unused for periods of more than five (5) years or it will become vulnerable to cancelation actions for lack of use. Under certain circumstances however, the lack of use may be justified.
In Portugal, registered trademarks have a validity of ten (10) years. They can then be renewed indefinitely for successive periods of ten years. The trademark renewal may be requested within the six (6) months preceding the expiration date, or during the grace period of six months following it, upon payment of late renewal fees.