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Trademark

How to Keep Trademarks or Other Signs

justica.gov.pt / Registos / Industrial Property / Trademark / How to Keep Trademarks or Other Signs

The registration of a trademark or logo can be renewed as often as you wish. The registration of appellations of origin, geographical indications and rewards do not need to be renewed to keep valid.

Registrations shall remain valid if the holder requests and pays for renewal of registration (when renewal is required). 

It is also important that the right holder is vigilant, consult the Industrial Property Bulletin and denounce applications that may jeopardize their rights.

 

The trademark or the logo registration is valid for 10 years starting from the application date. Renew the registration in the last 6 months of validity.

If you do not request a renewal in this period, you have another six months after the expiration date to request the renewal, by paying an additional fee for the delay. The renewal and payment of fees can be made online or in person.

Applying for the renewal on this page is simple and guarantees a discount on the fees to be paid.

If you prefer, you can apply for renewal on paper:

 

You cannot change trademarks in their essential elements
Any change of these elements requires a new registration, except:
  • if they are changes that do not change the trademark identity
  • the alteration of its proportions, the material in which it was coined, engraved or reproduced, of the ink or of the colour, if this has not been expressly indicated as a characteristic of the trademark
  • add or withdraw the express indication of the good or service to which the trademark is intended, the year of production or the place of residence / place where the holder is established.
The word trademark (consisting of words, including names of persons, letters or numbers) cannot be changed in its word elements (words, letters or numbers). It can be used with any figurative appearance that does not offend third party rights.

 

A registered trademark must be used

If there is no "serious use of the trademark" for five consecutive years (nor a justification for non-use), the registration may become invalid (expire) if someone files an application for revocation.

It is considered "serious use of the trademark":
  • the use of the trademark as it is registered, or with differences that do not alter its distinctive character
  • the use of the trademark in goods for export only
  • the use of the trademark by others, provided that it is controlled by the owner and to keep the registration.

 

The registration of a trademark becomes invalid if not renewed

In this case, the holder may request the revalidation within one year from the date of the publication of the notice of expiry in the Industrial Property Bulletin. The revalidation implies the payment of a fee and will be only authorised if it does not damage the rights of other persons.

The rights of the holder to a trademark registration may also terminate:
  • if the trademark becomes the usual designation of the product or service for which it was registered
  • if the trademark becomes capable of misleading the public, for example on the nature, quality and geographical origin of the goods or services
  • if the registration is annuled or declared null.
  • if the holder abdicates from registration, by contacting INPI.
 

Report abusive use of your trademarks or other signs

If you suspect that someone has used your trademark, logo, collective trademark, certification trademark ou guarantee trademark, or an appellation of origin, geographical indication or reward without authorisation, you may file a complaint:

Complaints should always be made to these entities. INPI cannot handle complaints or forward them.

If there is an agreement between the holder and the suspected infringer, they may choose to settle the matter at the arbitration centre  ARBITRARE.

Information updated on 16 November 2020 15:29