Trademark

How to register trademarks or other signs

In Portugal, trademarks and other distinctive signs of trade are registered at INPI - National 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.

Trademark

Before submitting the registration application, make sure that:
You can register trademarks consisting of words (including names of persons), drawings or images, letters, numbers, sounds (as long as they can be represented graphically), the form or packaging of the product or a combination of any of these elements.

You cannot register trademarks:
  • made up of items customary in the language of commerce, in certain ways or by a single colour, or consisting solely or essentially of elements describing the product or service (eg, trademark shoes, to identify footwear): 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, signs with a high symbolic value (for example, religious symbols) without the permission of the persons or entities to whom these symbols belong
  • 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 on another route. Use the  Register button and select "Apply". To register you will need:
  • a graphic representation of the trademark (with the words, pictures, drawings and drawings in which the trademark is used and the colours of the sign, if you want to register colours)
  • the identification data of the person requesting registration (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 proceed with payment through cash or ATM;

    - If you wish to send by mail, 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
  • in one of the Business Formalities Centres
  • at the  Commercial Registry of Coimbra, Lisbon and Porto counters.
To apply, you must submit the Distinctive Trade Sign Request Form and, if necessary the  continuation sheet of the registration application, completed 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:

Logo

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. 
Logos composed of words (including names of persons), drawings or pictures, letters, numbers or a combination of any of these elements may be registered.
Logos cannot be registered:
  • composed only or essentially of 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)
  • which may mislead the consumer about the nature or characteristics of the entity (eg VBNT financial services, for a restaurant)
  • contrary to public policy, or that offend morals and good manners (eg, DRINK & DRIVE)
  • which contain the designations "national", "Portuguese", "Luso", "Lusitanian" and others of similar meaning, if the entity is not Portuguese
  • which contain State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of persons, signs with a high symbolic value (for example, religious symbols) without the permission of the persons or entities to whom these symbols belong
  • composed of 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 on another route. Use the Register trademark button, select "Apply" and choose the logo mode.

To register you will need:
  • of a graphic 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, 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 Distinctive Trade Sign Request Form and, if necessary, the continuation sheet of the registration application completed 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 on another route. Use the Register trademark buttonselect "Apply" and choose the mode appellation of origin or geographical indications.

To register you will need:
  • the identification data of whom (natural or legal person, public or private) asks for registration (name, 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 Distinctive Trade Sign Request Form and, if necessary, the continuation sheet of the registration application, completed in Portuguese and in duplicate. In point "9. Reproduction of the sign" you must indicate the name of the goods and appellation of origin or geographical indicationa.

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 appellations 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 appellations 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 appellation 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 appellations 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.

Association trademark or certification trademark

Before submitting the registration application, make sure that:
  • there is no equal or similar trademark to the one you want to register
  • the trademark makes it possible to distinguish its goods or services by making it possible for consumers to recognize and distinguish it from the trademark of other undertakings on the market
  • the trademark may be registered.
Trademarks composed of words, designs or images, letters, numbers or a combination of any of these elements may be registered.
No trademarks may be registered:
  • consisting of elements customary in the language of commerce, in certain forms or by a single colour, or consisting solely or essentially of elements describing the product or service (eg registering shoes trademarks to identify footwear

except that 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)

  • which may mislead the consumer (eg ASTRAL - Like Silk, for cotton garments)
  • contrary to law and Apply or that offend morals and good manners (eg, DRINK & DRIVE)
  • which contain State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of persons, signs with a high symbolic value (for example, religious symbols) without the permission of the persons or entities to whom these symbols belong
  • composed of signs that copy or imitate others already existing without the authorisation of the holder.

You can register the association trademark or certification trademark now

Registering on this page is about 50% cheaper than registering on another route. Use the Register trademark button, select "Apply" and choose the modality collective trademark of association or collective trademark of certification.

To register you will need:
  • a graphic 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, 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 proceed with payment through cash or ATM;

    - If you wish to send by mail, 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
  • in one of the Business Formalities Centres
  • at the Commercial Registry of Coimbra, Lisbon and Porto counters.
To apply, you must submit the Distinctive Trade Sign Request Form an, if necessary, the continuation sheet of the registration application, completed in Portuguese and in duplicate.

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

The registration of a collective association trademark or collective certification 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:

Reward

Registering on this page is about 50% cheaper than registering on another route. Use the Register trademark button, select "Apply" and choose the reward mode.

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 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 proceed with payment through cash or ATM;

    - If you wish to send by mail, 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
  • in one of the Business Formalities Centres
  • at the  Commercial Registry of Coimbra, Lisbon and Porto counters.
To apply, you must submit the Distinctive Trade Sign Request Form and, if necessary, the continuation sheet of the registration application, completed in Portuguese and in duplicate.

Follow the registration of the trademark or other distinguishing trade sign

Through the INPI alertsyou 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 01 October 2019 15:57