Trade Marks

For nearly thirty years from independence in 1975 there was no effective Industrial Property legislation, and an informal practice evolved of publishing Cautionary Notices in local newspapers. More recently, a Portuguese Code of 1940 was revived and an IP Office established, which enabled applications to be filed in preparation for the implementation of a new law. This new legislation, Decree-Law No. 4-2007, came into effect in August 2007, and recognises applications filed under the repealed 1940 Code. 

International Arrangements: 

None, but the 2007 Code, like that of 1940, provides for priority to be claimed and such claims are recognised in practice. 

Categories of Trade Marks: 

There are provisions for the registration of SERVICE MARKS, COLLECTIVE MARKS and CERTIFICATION MARKS. There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS. 

Classification: 

The International Classification of goods and services applies. A single application may cover any number of classes of goods and/or services. 

Documents required: 

A. New Applications

  1. Power of Attorney, notarised
  2. Certificate of Incorporation, with verified Portuguese translation
  3. Fifteen prints of the mark
  4. Priority document (if applicable), with verified Portuguese translation

B. Renewals

  1. As the law came into effect in August 2007, no renewals will be due until August 2017.

C. Assignments/Mergers

  1. Power of Attorney, notarised
  2. Deed of Assignment or other instrument of title, notarised, with verified Portuguese translation

D. Change of Name

  1. Power of Attorney, notarised
  2. Certificate of Change of Name, notarised, with verified Portuguese translation

E. Change of Address

  1. Power of Attorney, notarised

F. Licences/Registered Users

  1. Power of Attorney, notarised
  2. Licence Agreement, notarised, with verified Portuguese translation

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