The registered EU design guarantees protection for up to 25 years
To register, submit the application to EUIPO:
- online (easier and faster)
- by fax, to +34 965 131 344
- by post, to
Avenida da Europa, 4
- at the reception of the institute (from 8h30 to 13h30), in
Avenida da Europa, 4
The registration of the design is valid for 5 years and may be renewed 4 more times (for a total of 25 years of registration).
This registration entitles the exclusive use of the design and prohibits the manufacture, offering, placing on the market, import, use or storage for these purposes of products in which the design is incorporated, provided that such goods do not present a different overall view.
An unregistered design ensures protection for 3 years
To ensure the protection of an unregistered design, you do not need to place an application. This protection is valid for 3 years from the date of the first public disclosure of the design and cannot be renewed.
This type of protection only gives the right to prohibit copying of design and is difficult to prove.
The application in Portugal gives you priority in registering abroad
If you have applied for registration of the design in Portugal for less than 6 months, that application shall ensure priority in the application for registration in any member state of the World Trade Organisation or the Paris Union Convention for the Protection of Industrial Property. Therefore, it will be considered as the date of the application for registration abroad the date of the application you made in Portugal. This prevents similar designs from being registered that preclude your registration.
Apply for an international registration through WIPO
Portugal is not part of The Hague system for the International Registration of Designs. However, the European Union (EU) is. Therefore, a Portuguese citizen, as a citizen of an EU Member State, can protect a design in more than 60 countries with a single application. The request must be submitted directly to the World Intellectual Property Organisation (WIPO).