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Trademark

What are the other trade signs

There are other sighs used in trade that have a different function from the trademark of goods and services, as the logos, the appellations of origin and geographical indications, the collective trademarks, the certification or guarantee trademarks or the rewards.


Logo

It is a sign that identifies a commercial entity which provides services or market goods and can be used namely in establishments, vehicles, advertising, printed material or correspondence.

It may consist of:
  • words (including names of people)
  • drawings
  • letters
  • numbers
  • a combination of the foregoing.

Appellations of origin
It is the use of the name of a region, a place or a country to designate or identify a product:
  • that originates in that region, in that place or in that country, and
  • whose quality or characteristics are essentially or exclusively due to the geographical environment in which it is produced (including natural and human factors) and whose production, processing and elaboration takes place in that geographical area.

For a product to be protected as an appellation of origin there must be a strong link between the product and the region of origin. It is therefore in this environment that it must be produced, transformed and elaborated.

Examples: Port Wine, Dão Wine, Serra da Estrela Cheese, Azores Pineapple.


Geographical indications
It is the use of the name of a region, a place or a country to designate or identify a product:
  • that originates in that region, in that place or in that country, and
  • whose reputation, quality or other characteristic can be attributed to that geographical origin and whose production, transforming or elaboration takes place in that geographical area.

In geographical indications, the link between the product and the place of origin is weaker. It is enough that the reputation or other characteristic of the product can be attributed to that origin. And it is enough that one of the stages of the product creation (production, transforming or elaboration) happens in that place.

Examples: Apple of Alcobaça, Citrus of the Algarve, Ovos-moles of Aveiro, Embroidery of Viana do Castelo.


Collective Trademark

A collective trademark identifies the goods or services related to the activity of an association. It is necessary that the statutes or internal regulations state who may use the trademark, the conditions under which it should be used and the rights and obligations of users in case of usurpation or counterfeiting.

Examples: Association of Apple Producers of Alcobaça, Association of Port Wine Companies.

 

Certification or Guarantee Trademark

It is a trademark owned by a natural or legal person that controls the goods or the services or defines standards to which they must comply, in respect the material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

This sign is to be used in the goods or services subject to that control or for which the standards have been established.

Examples: APCER, Multicert.


Reward

It is a sign composed of words, letters, numbers, drawings, images or emblems. It is granted to industrialists, traders, farmers or entrepreneurs, as a reward, demonstration of praise or preference for their goods.

Rewards are considered:
  • the accolades of merit granted by the Portuguese State or by other States
  • medals, diplomas and prizes in cash or of any other kind obtained at exhibitions, fairs and competitions, officially or officially recognized, in Portugal or abroad
  • the diplomas and certifications of analysis or praise issued by laboratories or services of the State or by other organizations qualified for that purpose
  • the warrants of purveyor to the Head of State, Government or other official establishments, both national or foreign
  • any other accolades or demonstrations of official nature.
Rewards can only be used in goods or services for which the distinction has been awarded.
Information updated on 16 November 2020 15:28