How to register trademarks or other signs abroad

The rights granted by INPI - Portuguese Institute of Industrial Property, are only valid in Portugal. If you want to protect a trademark or other trade sign in another country, you must apply for registration abroad.

EU trademark registration takes effect in 28 countries

It is not possible to limit the protection of the trademark to certain countries. The application for registration must be submitted to the European Union Intellectual Property Office (EUIPO). You can do this in any of the 23 official EU languages, including Portuguese, and indicate a second language (English, French, Spanish, German or Italian).

If you have already applied or have already registered a trademark in a non-EU country, you can apply for the EU trademark through an international registration designating the EU in the application form. This registration is done through the Madrid System and processed by the World Intellectual Property Organisation (WIPO).

Once submitted, the application is reviewed by the EUIPO and, if there is nothing to prevent registration, the trademark is published. Know the process in detail.

With international registration you can choose where you want to protect the trademark

You can protect your trademark in all the countries of the Madrid Union or only in the countries of your choice. The trademark has the same protection in those countries as a national trademark. 

The application for registration is made to the World Intellectual Property Organisation (WIPO) through INPI. To register an international trademark, you must have the registered trademark or registration application filed in Portugal.

The trademark may be refused in some countries and registered in other

After receiving the application, INPI confirms that the international application is the same as the national trademark application and sends it to WIPO. WIPO conducts a formal examination to verify that the application meets all requirements and advises the applicant if there are problems with the application. 

The international registration then follows the process that each of the chosen countries provides for the national registration of trademarks. Countries have a deadline for refusing registration in their territory. If they fail to do so, registration is deemed to be granted. Therefore, the trademark may be refused in some countries and registered in others.

The international registration may be extended to other countries at any time due to changing circumstances that prevented registration or the desire to protect the trademark in countries where registration was not originally requested.

Appellations of origin and geographical indications

Some appellations of origin and geographical indications may have EU registration

Appellations of origin and geographical indications for agricultural goods, foods and spirits drinks or wines may have an EU protection. The process is managed by the European Commission, leading to an EU registration of a:

• Protected Designation of Origin (PDO)
• Protected Geographical Indication (PGI).

The application for EU registration of agricultural goods, foodstuffs and spirits is carried out through the Directorate-General for Agriculture and Rural Development (DGADR). 

The application for EU registration for wines is made through the Vine and Wine Institute, IP.

EU registration of non-agricultural goods is not possible.

The international registration guarantees protection in 28 countries

For the time being, the international registration is only available for appellations of origin. The international registration of geographical indications is not yet possible.

Through the international registration, an appellation of origin can be protected in all the countries that belong to the Lisbon Union, and in these countries, there is protection equal to an appellation of origin of that country.

The application for registration is made to the World Intellectual Property Organisation (WIPO) through INPI. To register internationally an appellation of origin, you must have the registered name or registration application filed in Portugal.

The application for international registration must be made on paper. For this:

1. pay the registration fees to WIPO and print the proof
2. fill in this form (in English, French or Spanish)
3. fill in the M4 form, that allows INPI to transmit the international registration application to WIPO; pay the preparation and transmission fees of the process to INPI
4. attach a copy of the legal documents and regulations that prove the registration of appellation of origin in Portugal, or the European Union in the case of agricultural goods, food, spirits drinks and wines
5. whether you appoint an authorised representative, you must provide a power of attorney
6. deliver the documents to INPI, in person or by post

INPI - Public Helpdesk
Campo das Cebolas
1149-035 Lisboa
Portugal

After receiving the request, INPI submits the file to WIPO. WIPO conducts a formal examination to verify that the application meets all requirements and advises the applicant if there are problems with the application. If the application meets all formal requirements, WIPO publishes the appellation of origin in the international register of appellations of origin and notifies the existence of registration to all Intellectual Property bodies of the countries of the Lisbon Union. The register is also published in the Appellation of Origin Bulletin.

Business guides on trademark and patent protection abroad

The Fichas de Apoio à Exportação (available only in Portuguese) provide a set of information that helps Portuguese companies to better understand the legislation on trademark and patent protection in the largest Industrial Property export markets.