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Trademark

How to register trademarks or other signs

justica.gov.pt / Registos / Industrial Property / Trademark / How to register trademarks or other signs

In Portugal, trademarks and other distinctive signs of trade are registered at INPI - Portuguese Institute of Industrial Property.

Registration is the only legal way to protect a trademark, a logo or other signs of being used without the owner's authorization. Check if the trademark or sign you want to register is not yet registered and register now.

Fundo PME 2024 - National Trade Mark Application

 

Trademark

Before submitting the registration application, make sure that:

You can register trademarks consisting of words, letters, numbers, images or drawings, the shape or packaging of the product, sounds and colours, since they are capable of distinguishing the goods or services of one company from those of others companies.

You can also register trademarks consisting of other elements than those above-mentioned, as long as its representation allows to determine clearly and precisely the object of the protection granted to its holder.

 

You cannot register trademarks:
  • made up of items customary in the language of commerce, in certain ways or consisting solely or essentially of elements describing the product or service (eg, trademark shoes, to identify footwear), except if those elements are combined with others that are distinctive (for example, Shoes by SpaciX - SpaciX is the distinguishing feature and the descriptive term "shoes" is not for exclusive use)
  • that may mislead the consumer (eg ASTRAL - Like Silk, for cotton garments)
  • contrary to law and public Apply or that offend morals and good manners (eg DRINK & DRIVE)
  • containing State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of persons without the permission of the persons or entities to whom these symbols belong
  • containing signs with a high symbolic value (for example, religious symbols), unless they have become customary in the current language or in the commerce and are accompanied by other elements that make the sign distinctive
  • composed of signs that copy or imitate others already existing, without authorisation from the holder.

 

You can register the trademark now

Registering on this page is about 50% cheaper than registering by paper.

Apply for a trademark and choose the modality.

To register you will need:
  • a representation of the trademark (namely the words, images and drawings that constitute the trademark and the colours of the sign, if you want to register the colours).
  • the identification data of the applicant (name, company name, nationality, address, Tax Identification Number (TIN) and email)
  • the classification of the goods or services for which the trademark is intended, in accordance with the Nice Classification
  • to indicate the country where you made the first application for registration of the trademark, the date and the application number if you wish to claim the right of priority
  • the signature or electronic identification of the applicant or his authorised representative
  • if the trademark has the name or portrait of another person, that person's authorisation
  • if the trademark has symbols, coats of arms, emblems or state distinctions, municipalities or other entities, the authorisation of such entities
  • if the trademark includes signs with a high symbolic value (such as religious symbols), the authorisation of the entities or persons to whom these symbols belong
  • if the trademark refers to a reward, the reward record number
  • if the trademark may be confused with another, the consent of the trademark owner with which his trademark may be confused
  • if the trademark includes sounds, a recording of those sounds in mp3 or WAVE format.

 

If you prefer, you can apply to the registration on paper:
  • at INPI, in person or by post

    - If you choose to do it in person, you can pay by cash or ATM;

    - If you wish to submit the application by post, you can pay by check to “IGCP - Agência de Gestão da Tesouraria e da Dívida Pública” or through Postal Order to “INPI, IP”.

    INPI - Public Help Desk
    Campo das Cebolas
    1149-035 Lisboa
    Portugal
  • in one of the Business Formalities Centres
  • at the Commercial Registry of Coimbra, Lisbon and Porto counters.

To apply, you must submit the M1 form (Application for Distinctive trade Signs) and, if necessary the M2 form (continuation sheet – distinctive trade signs), filled in Portuguese and in duplicate

 


The registration of a trademark takes, on average, 4 months

The registration of a trademark is not automatic. The registration process is usually composed of 6 phases:

  1. Submit the application.
  2. Formal examination (check the form data and classification of goods and services in the Nice Classification).
  3. Publication in the Industrial Property Bulletin.
  4. If there is no opposition, examination of the requirements of the trademark application (2 months and 1 day after publication in the Industrial Property Bulletin). If there is opposition, the examination is done at the end of the deadline for contestation.
  5. Decision: grant or refusal of the trademark. Publication of the decision in the Industrial Property Bulletin.
  6. If registration of the trademark is refused, you have two months after the publication of the decision to appeal. You can go to:

Fundo PME 2024 - Logotype Application

Before submitting the registration application, make sure that:
  • there is no logo that is the same or similar to what you want to register (to know if a logo is availablel, search for free in our databases)
  • the logo can be registered. 

You can register logos consisting of words (including names of persons), drawings or pictures, letters, numbers or a combination of any of these elements.

You can also register logos consisting of other elements than those above-mentioned, as long as its representation allows to determine clearly and precisely the object of the protection granted to its holder.

Logos cannot be registered:
  • if composed only or essentially by elements that describe the entity or its characteristics, or by elements customary in the language of commerce (eg AUTO 24H, for a car workshop), unless these elements are combined with others that are distinctive (eg MILHIX AUTO 24H, "MILHIX" is the distinctive element and the term "AUTO 24H" is not for the exclusive use)
  • if may mislead the consumer about the nature or characteristics of the entity (eg VBNT financial services, for a restaurant)
  • if contrary to public policy, or that offend morals and good manners (eg, DRINK & DRIVE)
  • if contain State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of persons without the permission of the persons or entities to whom these symbols belong
  • if incorporating signs with a high symbolic value (for example, religious symbols), unless they have become customary in the current language or in the trade and are accompanied by other elements that make the sign distinctive
  • composed by signs that copy or imitate others already existing without the authorisation of the holder.

 

You can register the logo now

Registering on this page is about 50% cheaper than registering by paper.

Select “Application for Registration” and choose the Logotype modality. 

To register you will need:
  • a representation of the logo for publication if it is composed of drawings, images or drawings
  • a colour logo representation if you want to protect the colour combination of the logo
  • Data identification person requesting registration (name, business name or company name, nationality, address, Tax Identification Number (TIN) and email)
  • to indicate the type of services provided or goods marketed by the entity to be distinguished, accompanied by the indication of the respective Portuguese classification of economic activities (CAE)
  • the signature or electronic identification of the applicant or his representative (and a power of attorney, if represented by a lawyer or solicitor)
  • if the logo has the name or portrait of another person, the authorisation of that person
  • if the logo has symbols, coats of arms, emblems or distinctions of the State, municipalities or other entities, the authorisation of these entities
  • if the logo includes signs with a high symbolic value (such as religious symbols), the authorisation of the entities or persons to whom these symbols belong
  • if the logo refers to a reward, the reward record number.
If you prefer, you can apply to the registration on paper:

To apply, you must submit the M1 form (Application for Distinctive trade Signs) and, if necessary the M2 form (continuation sheet – distinctive trade signs), filled in Portuguese and in duplicate.


The registration of a logo takes, on average, 4 months

The registration of a logo is not automatic. The registration process is usually composed of 6 phases:

  1. Submit the application.
  2. Formal examination (check the form data).
  3. Publication in the Industrial Property Bulletin.
  4. If there is no opposition, examination of the requirements of the application (2 months and 1 day after publication in the Industrial Property Bulletin). If there is opposition, the examination is done at the end of the deadline for contestation.
  5. Decision: grant or refusal of the logo. Publication of the decision in the Industrial Property Bulletin.
  6. If registration of the logo is refused, you have two months after the publication of the decision to appeal. You can go to:


Appellation of origin or geographical indication

For non-agricultural goods

Registering on this page is about 50% cheaper than registering by paper.

Select “Application for Registration” and choose “National Appellation of Origin/Geog. Indication”. 

To register you will need:
  • the identification data of whom (natural or legal person, public or private) asks for registration (name, Tax Identification Number (TIN) and email)
  • name of the product or goods and the appellation of origin or geographical indication
  • to describe the traditional or regulated conditions for the use of the appellation of origin or geographical indication and the geographical limits of the locality, region or territory to which the appellation of origin or geographical indication is associated
  • a supporting document describing the goods and their characteristics (such as quality and reputation), delimitation of the geographical area and proof of the relationship between the quality or characteristics of the goods and their place of origin (this document will be attached to the application)
  • documents proving the traditional or regulated conditions of use of the appellation of origin or geographical indication and the geographical limits of the locality, region or territory. If the boundaries of the region are not demarcated by law, limits shall be those declared by the bodies responsible for supervising the branch of production of the goods to be registered.
If you prefer, you can apply to the registration on paper:
  • INPI - Public Helpdesk, Campo das Cebolas, 1149-035 Lisboa.

To apply, you must submit the M1 form (Application for Distinctive trade Signs) and, if necessary the M2 form (continuation sheet – distinctive trade signs), filled in Portuguese and in duplicate.

In the field n.º 5 “Reproduction of the sign" you must indicate the goods and the appellation of origin or geographical indication.


For agricultural goods, food and spirits drinks

In order to obtain an appellation of origin or geographical indication for agricultural goods, food and spirits drinks, a request should be made to the Directorate-General for Agriculture and Rural Development (DGADR).

During the analysis of the request, the process will go through several entities.

  1. The application is examined by DGADR.
  2. If there are conditions to grant the appellation of origin or geographical indication, a favourable opinion is given.
  3. The DGADR opinion shall be forwarded to the European Commission for a final decision.
  4. INPI can be consulted on the allocation of transitional national rights while the European Commission decides.
  5. The European Commission inscribes the Protected Appellation of Origin (PAO) or the Protected Geographical Indication (PGI) in the register.

For more information on the EU Register of appellations of origin and geographical indications for agricultural goods and food, consult the EU database DOOR and the following regulations:

  • Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural goods and foodstuffs
  • Commission Implementing Regulation (EU) No 668/2014 of June 13th 2014 laying down detailed rules for the implementation of Regulation (EU) No 1151/2012
  • Commission Regulation (EU) No 664/2014 of December 18th 2013 supplements Regulation (EU) No 1151/2012 of the European Parliament and of the Council as regards the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialties guaranteed and certain rules on provenance, certain procedural rules and certain additional transitional rules.

For further information on the EU register of designations of origin and geographical indications for spirit drinks, consult the E-SPIRITS-DRINKS EU database and the following regulations:

  • Regulation (EC) No 110/2008 of the European Parliament and of the Council of January 15th 2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks
  • Commission Implementing Regulation (EU) No 716/2013 of July 25th 2013 laying down detailed rules for the application of Council Regulation (EC) No 110/2008.


For wines

To obtain an designation of origin or geographical indication for a wine, you must make an application to the Vine and Wine Institute, IP. The registration process is all conducted by this institute.

For more information on the EU register of designations of origin and geographical indications for wine goods, please consult the E-BACCHUS EU database and the regulations:

  • Regulation (EU) No 1308/2013 of the European Parliament and of the Council of December 17th 2013 on the common Organisation of the markets in agricultural goods
  • Council Regulation (EC) No 479/2008 of April 29th 2008 on the common organisation of the market in wine.


Collective trademark, certification of guarantee trademark

Before submitting the application, make sure that:
  • there is no equal or similar trademark to the one you want to register
  • the trademark is for the purposes intended for the collective trademarks or the certification or guarantee trademarks (if necessary, please see What are the other trade signs.
  • the trademark can be registered.

Collective trademarks, certification or guarantee trademarks composed of words, designs or images, letters, numbers or a combination of any of these elements can be registered.

You can also register collective trademarks, certification or guarantee trademarks consisting of other elements than those above-mentioned, as long as its representation allows to determine clearly and precisely the object of the protection granted to its holder.

Collective trademarks, certification or guarantee trademarks cannot be registered:
  • consisting of elements customary in the language of commerce, in certain forms or consisting solely or essentially of elements describing the product or service (eg registering “shoes” trademarks to identify footwear, except if these elements are combined with others that are distinctive (for example, Shoes by SpaciX - SpaciX is the distinguishing feature and the descriptive term "shoes" is not for exclusive use)
  • if may mislead the consumer (eg ASTRAL - Like Silk, for cotton garments)
  • if contrary to law and Apply or that offend morals and good manners (eg, DRINK & DRIVE)
  • containing State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of persons without the permission of the persons or entities to whom these symbols belong
  • containing signs with a high symbolic value (for example, religious symbols), unless they have become customary in the current language or in the commerce and are accompanied by other elements that make the sign distinctive
  • composed of signs that copy or imitate others already existing without the authorisation of the holder.

 

You can register a collective trademark, a certification or guarantee trademark now

Registering on this page is about 50 % cheaper than registering by paper.

Select “Application for Registration” and choose “Association Trademark” or “Certification Trademark”. 

To register you will need:
  • a representation of the trademark (with the words, images, images and drawings that compose it and the colours of the trademark if you want to register colours)
  • (name, company or company name, nationality, address, Tax Identification Number (TIN) and email address)
  • the classification of the goods or services for which the mark is intended, in accordance with the Nice Classification
  • to indicate the country where you made the first application for registration of the trademark, the date and the application number if you wish to claim the right of priority
  • the legal provisions or internal regulations governing the use of the trademark
  • signature or electronic identification of the applicant or his authorised representative
  • if the trademark has the name or portrait of another person, the authorisation of that person
  • if the trademark has symbols, coats of arms, emblems or distinctions of the State, municipalities or other entities, the authorisation of these entities
  • if the trademark includes signs with a high symbolic value (such as religious symbols), the authorisation of the entities or persons to whom these symbols belong
  • if the trademark refers to a reward, the reward record number
  • if the trademark can be confused with another, the declaration of consent of the holder of the trademark with which it may be confused.
If you prefer you can apply on paper:
  • INPI, in person or by post

    - If you choose to do it in person, you can pay by cash or ATM; 

    - If you wish to submit the application by post, you can pay by check to “IGCP - Agência de Gestão da Tesouraria e da Dívida Pública” or through Postal Order to “INPI, IP”. 

    INPI - Public Helpdesk
    Campo das Cebolas
    1149-035 Lisboa
    Portugal
  • in one of the Business Formalities Centres
  • at the Commercial Registry of Coimbra, Lisbon and Porto counters.

To apply, you must submit the M1 form (Application for Distinctive trade Signs) and, if necessary the M2 form (continuation sheet – distinctive trade signs), filled in Portuguese and in duplicate.


The registration of a collective trademark, a certification or guarantee trademark takes, on average, 4 months

The registration is not automatic. The process is usually composed of 6 phases:

  1. Submit the application.
  2. Formal examination (check the form data and classification of goods and services in the Nice Classification).
  3. Publication in the Industrial Property Bulletin.
  4. If there is no opposition, examination of the requirements of the trademark application (2 months and 1 day after publication in the Industrial Property Bulletin). If there is opposition, the examination is done at the end of the deadline for contestation.
  5. Decision: grant or refusal of the trademark. Publication of the decision in the Industrial Property Bulletin.
  6. If registration of the trademark is refused, you have two months after the publication of the decision to appeal. You can go to:

 

Reward

Registering on this page is about 50% cheaper than registering by paper.

Select “Application for Registration” and choose “Trade Award”. 

To apply you will need:
  • the identification data of person applying for registration (name, business name or company name, nationality, address or place of residence, email and Tax Identification Number - TIN)
  • to identify the goods and services to which the rewards they are granted are attributed, the entities that award them and the dates on which they were granted
  • the original or authenticated photocopies of the documents proving the grant of the rewards
  • the logo to which the reward is linked, if applicable
  • the signature or electronic identification of the applicant or his authorised representative.
If the rewards record includes references to logos, these logos must be registered.
If you prefer, you can apply on paper:
  • at INPI, in person or by post

    - If you choose to do it in person, you can pay by cash or ATM;

    - If you wish to submit the application by post, you can pay by check to “IGCP - Agência de Gestão da Tesouraria e da Dívida Pública” or through Postal Order to “INPI, IP”.  

    INPI - Public Helpdesk
    Campo das Cebolas
    1149-035 Lisboa
    Portugal
  • in one of the Business Formalities Centres
  • at the  Commercial Registry of Coimbra, Lisbon and Porto counters.

To apply, you must submit the M1 form (Application for Distinctive trade Signs) and, if necessary the M2 form (continuation sheet – distinctive trade signs), filled in Portuguese and in duplicate.


Follow the registration of the trademark or other distinguishing trade sign

Through the INPI alerts, you can follow the development of the registration process of your trademark or other trade sign. Whenever there is a change in the registration request, INPI will notify you by email.

These alerts are also used to follow closely the life of your trademark or other trade sign trade you have applied for after registration.

Information updated on 05 March 2024 13:45