Register a Trademark in Portugal: Comprehensive Guide

Entrepreneurs can protect their trademarks in Portugal by following a simple registration process with the authorities. This step ensures the exclusive usage of a specific trademark (sign, symbol, character, etc.) and allows Portuguese companies to better promote their image. In order to register a trademark in Portugal, applicants need to submit a special form and the trademark representation to the Institute of Industrial Property. One of our lawyers in Portugal can help you during the registration phase and can answer all of your questions concerning intellectual protection laws in the country.

Quick Facts
Reasons for trademark registration in Portugal	– legal protection, – brand recognition, – exclusivity, – asset value, – security, etc.
Available trademark types	– words, – letters, – numbers, – images or drawings, – sounds, – colors, – logos, etc.
Restrictions on registering trademarks	If the trademarks are: – unoriginal, – descriptive, – misleading, – offensive, – contain state symbols or entities, etc.
Requirements for registering a trademark	– provide a representation of the trademark, – provide the identification data of the applicant, – specify the classification of the goods or services, – provide authorization for special symbols
Multiple-class application (YES/NO)	YES
Trademark publication	If accepted, the trademark will be published in the Industrial Property Bulletin.
Registration time (approx.)	4 months
Registration authority	National Institute of Industrial Property (INPI)
Trademark validity	10 years
Renewal period	Preferably in the last 6 months before it expires
Grace period	6 months
EU trademark protection	Submit application to the European Union Intellectual Property Office (EUIPO).
International trademark protection (YES/NO)	YES, Portugal is part of Madrid System and this grants you international trademark protection (including EU protection).
Registration through power of attorney (YES/NO)	YES, our Portuguese lawyers can register a trademark on your behalf.
Assistance by our lawyers in Portugal	Our law firm in Portugal can help with researching the available trademarks, submitting the application, registering your trademark, and providing assistance in other intellectual property cases.

The trademark registration process in Portugal

Portugal allows for the filing of multiple-class trademark applications. To register a trademark in Portugal, your application should include:

applicant’s name, nationality, address, and email;
a representation of the trademark;
a list of goods/services for which you seek protection;
priority date, country, and application number if you are claiming priority based on an earlier application;
payment of the relevant official fees.

Our law firm in Portugal handles applications for trademark registration.

All types of companies in Portugal may apply for trademark registration. The process is complete once the new trademark is published in the Industrial Property Bulletin. Trademark oppositions can be filed within two months of the publication date.

Oppositions against a Portuguese trademark application can be filed within two months from the publication date, with the possibility of extending this period for an additional month.

Please explore this infographic that might help you when registering a trademark in Portugal:

Reasons to register a trademark in Portugal

Investors in Portugal have a number of advantages if they choose to register their trademark in the country:

exclusive nationwide usage: a certain trademark will be used in Portugal only by the individual/company that registered it; the owner can also take legal action against infringement;
owners can oppose the registration of similar marks;
the owner may have priority when claiming the registration of the same trademark in a number of other jurisdictions; one of our lawyers in Portugal can give you more information on trademark registration priority.

Foreign investors in Portugal also benefit from the fact that the country is a member of the EU, thus European Union Trademarks are protected here.

Types of trademarks in Portugal

Portugal recognizes various types of trademarks, including:

word marks, consisting of one or more words or letters;
figurative marks, with a specific design or graphical element;
combined marks that include both words and a design element;
three-dimensional marks;
sound marks;
color marks, defined by a specific color or combination of colors;
collective marks, which are owned by an association of natural or legal persons and are used to distinguish the goods or services of members of the association;
certification or guarantee marks that are owned by a person or entity who controls goods or services and sets standards or rules for them.

The new intellectual property law allows trademark applicants to file separate applications or trademark registration in Portugal for distinct elements within their initial trademark application.

Our lawyers in Portugal will guide you in selecting the appropriate type of trademark.

Non-registrable trademarks in Portugal

There are some restrictions to trademark registration in Portugal regarding the type of mark you are using. These exclusions are designed to maintain the integrity and purpose of trademarks, which is to distinguish the goods or services of one company from those of another. Our Portuguese attorneys will present you with the types of marks that will not be eligible during trademark registration:

trademarks that are likely to be confused with other ones that have already been registered or applied;
those that describe generic terms;
commonly used phrases that have become associated with a specific brand or source of goods or services over time;
marks that incorporate flags, arms, or other emblems of any state without the consent of the competent authorities are not eligible for trademark registration in Portugal;
business names, company names, and insignia that do not belong to the applicant and are not authorized by the owner;
names or portraits, other than those of the applicants, unless certain conditions are met;
illicit reproduction of literary or artistic works;
expressions or designs that go against public order or morals;
marks that provide false indications about the source, nature, characteristics, or utility of the represented products/services.

For a successful trademark registration, you can seek assistance from our attorneys in Portugal. We will guide you in selecting a legitimate and eligible trademark.

Priority in registration of intellectual property

There are times when more than one person will file an application for intellectual property in Portugal for the same creation or invention at the same time. The Industrial Property Code provides that the one who first submitted all the required documents will be granted rights. If both/multiple applications came along with complete requirements, the issue will be resolved either by agreement of the parties, through arbitration, or by filing a case in court. Our attorneys in Portugal can help you with the registration of your intellectual property.

Kinds of intellectual property

Different works or creations come under various types of intellectual property. Our lawyers in Portugal can guide you on how to acquire rights over your work or creation. Here are the main types of intellectual property:
1. Patent – This covers inventions that are unique, involve inventive steps, and can be used for industrial applications. Patents in Portugal exist for a period of 20 years, and whoever holds the patent makes use of the invention exclusively and has the right to prevent others from manufacturing or distributing it without consent.
2. Trademark – This covers products and services. Trademarks are marks or signs that distinguish the products and services of one business from those of other companies. Once the trademark is registered in Portugal, no other business may use it without following the regulations as provided for by law and honest business practices. Trademarks expire after five successive years of non-use.
3. Copyright – This is regulated by the Code of Copyright and Other Related Rights of Portugal. Copyright covers intellectual creations involving ideas, literature, science, and artistic works. The owner of the copyright has exclusive rights, economic benefits of the work, and can exploit it or allow others to make use of it with consent.
Copyright is granted from the time the work is created without need of registration or publication and lasts for 70 years after the death of its creator.

Statistics about trademark registration in Portugal

If you are looking to learn more about the trademark registration in Portugal, here are a few statistics about the number of trademark filings in the country in the year 2022. These statistics are provided by the World Intellectual Property Organization (WIPO):

146,295 total filings were registered during 2022;
33,532 were resident filings;
112,763 were filings from abroad submitted by businesses/individuals;
261 were Madrid International applications.

You can contact the intellectual property experts at our law firm in Portugal for more information and advice on trademark registration in the country.