• Trademark fees

Fees associated with filing the trademark application in Portugal as well as other trademark fees are available in the fee calculator.

• Multiple-class applications

Multiple-class applications are possible in Portugal.

• Filing requirements in Portugal

The official language for proceedings before the Portuguese Industrial Property Office (INPI) is Portuguese.

To register a trademark in Portugal, an application must contain:
- applicant's name, nationality, address and email;
- a representation of the trademark;
- a list of goods/services;
- priority date, country and application number (if any);
- payment of the relevant official fees.

Usually, the Portuguese Industrial Property Office (INPI) does not require the filing of the Priority Document. However, under special circumstances, the Office may request a certified copy of the priority document and its translation into Portuguese to be submitted.

The Power of Attorney is not required if the trademark application is filed through a registered Portuguese Trademark attorney.

• Publication, opposition and examination of a trademark application in Portugal

Trademark applications in Portugal undergo examination as to compliance with formal requirements and as to distinctiveness of the trademark. A search for prior trademarks is also conducted. Upon completion of the formal examination, a trademark is published for opposition. Oppositions against a Portuguese trademark application may be filed within two months from the publication date. This term can be extended for an additional month.

• Grant, validity term and trademark renewal

The amount of the grant fee depends on the type of the registration certificate – paper or electronic. Trademarks in Portugal are valid for ten years from the date of filing and renewable every ten years for an unlimited number of times. Renewal can be requested within six months before the expiration date, or during the grace period of six months following it, upon payment of late renewal fees.

• Duration of registration procedure

Average time from filing an application up to trademark registration is 5-6 months.

• Use requirement

A trademark registration in Portugal may be cancelled if it has not been used for five years from the registration date.

• Representation by a trademark attorney

For foreign applicants, it is recommended to perform trademark registration in Portugal through a registered Portuguese trademark attorney.

• Notes

1. Online Search databases: Portuguese Trademarks, EU Trademarks Database, International Trademarks.
2. Trademark protection in Portugal may also be obtained via registration of a European Union Trademark.
3. The time limit to file a response to the provisional refusal of an international registration in Portugal is 1 month from the date WIPO notifies the applicant of the refusal. Extensions of time can be requested. The language of the response is Portuguese. It is recommended to appoint a local representative for filing the response. There is no option to request a revision or file an appeal to the provisional refusal before the Office.

Brief summary is based on the information provided by ACOPAT on 09.02.2024
Please contact us if the above information is not in conformity with Portuguese IP Laws.