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Raul César Ferreira (Herd.), S.A.
Lisbon, Portugal (PT)

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J. Pereira da Cruz, S.A.
Lisbon, Portugal (PT)

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Portugal (PT)

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09-05-2017 (Newsletter Issue 15/17)
Official Fees Slightly Increased
New official fees are applicable in the Industrial Property Office as from September 1, 2017, according to the Decision No. 780/2017 of the Management Board of the IP Office and the Government Regulation No. 1098/2008.

All official fees have been adjusted in accordance with the inflation rate of the preceding year. There are no other changes either in the structure or level of the official fees.

The new official fee for filing a trademark application is now EUR 124.45 and EUR 31.55 for each additional class. Registration and publication fees are included in the application.

In general, the costs for industrial desings, models and patents have also increased.

Source: www.sgcr.pt and www.inpi.pt


07-25-2016 (Newsletter Issue 14/16)
Official Fees Slightly Increased
The Intellectual Property Office of Portugal has announced new official fees which are effective from July 1, 2016. The official fee for filing a trademark application is now EUR 123.76 and EUR 31,37 for each additional class.

Source: www.marqesmarcas.com


10-28-2015 (Newsletter Issue 16/15)
Trademark E-Filing Implemented
The Portuguese Institute of Intellectual Property (INPIPT) has implemented the service for e-filing for trade marks. The system allows INPIPT's users to file their trade mark applications electronically.

Source: www.tmdn.org


07-04-2014 (Newsletter Issue 11/14)
Official Fees Changed
The Intellectual Property Office of Portugal has announced new official fees which are effective from 1 July 2014.

The fee for filing a trademark is now EUR 123.67 online and EUR 247.34 in paper for each class. Each additional class is EUR 31.35 online and EUR 62.70 in paper.

Source: Raul César Ferreira (Herd.), S.A., Portugal


07-16-2013 (Newsletter Issue 11/13)
Official Fees Increased
The Intellectual Property Office of Portugal has increased its official fees under Administrative Order No 1376-A/2013.
The fee for filing a trademark is now EUR 123.36 online and EUR 246.72 in paper for one class. Each additional class is EUR 31.27 online and EUR 62.54 in paper.

Source: www.marques.org


07-01-2013 (Newsletter Issue 10/13)
New Application Guidelines
On 27 May 2013, INPI published new guidelines on the application of the Portuguese Industrial Property Code. This document was on a public consultation phase until 27 June 2013 and can be found here (Portuguese version only).

These guidelines do not constitute a law and their purpose is to work as an orientation guide for INPI's examiners, contributing to the standardization of criteria and procedures followed in assessing the actions relating to industrial property rights, with gains to predictability, consistency and coherence of the decisions that are made on a daily basis by the Office. The new guidelines aim also to be an useful tool to the outside, assisting applicants, holders and other interested parties in their interaction with INPI.

Source: www.marques.org


06-25-2012 (Newsletter Issue 10/12)
Official Fees Increased
The Intellectual Property Office of Portugal has increased its official fees under Administrative Order No 176/2012 of May 31, 2012. The new fees for applications for the registration of trademarks came into force on June 10, 2012.

The new trademark application fee has changed from EUR 101.40 to EUR 120.00 in one class. The fees for additional classes remain the same with EUR 30.42.

Source: J. Pereira da Cruz, S.A., Portugal and Raul César Ferreira (Herd.), S.A., Portugal


04-17-2012 (Newsletter Issue 6/12)
New IP Court
The Ordinance no. 84/2012, of March 29, 2012, has installed the First Chamber of the Intellectual Property Court, constituted by one judge.

This Court has initiated its functions on March 30, 2012. However, legal proceedings that have been initiated prior to the court installation will kept being judged by the courts in which they are currently pending.

The Law that created this Court predicts that a Second Chamber will be created once the workflow justifies it.

Source: www.marques.org


03-27-2012 (Newsletter Issue 5/12)
Domain Registration Rules Liberalized
A new regulation of .pt domain registration came into force on March 1, 2012.
The liberalization of these rules will make the registration system of .pt domains simpler for users. The requirement to be based on a trademark registration will be removed. The new rules come fully into force on May 1, 2012.

It is provided a grace period of 60 days, starting on March 1, 2012 until May 1, 2012 during which the owner of IP rights in Portugal can proceed with the registration of the .pt domains based on those rights.

As a result of this liberalization priority IP rights in Portugal can easily registered as .pt domains by any entity.

Source: MarquesMarcas LDA., Portugal


10-25-2011 (Newsletter Issue 12/11)
Project Seniority Implemented
The Portuguese Institute of the Industrial Property (INPI) has implemented the Project Seniority. This project aims to harmonize the seniority data between OHIM and National Offices and improve the data accuracy and customer satisfaction.

For more information about this project please click here


07-01-2011 (Newsletter Issue 9/11)
Official Fees Increased
The Portuguese Patent and Trademark Office announced an increase of the official fees effective from July 1st, 2011. The increase corresponds to 1.4% on all official fees for all services.

Source: Baptista, Monteverde & Associados, Portugal


09-01-2010 (Newsletter Issue 14/10)
New Rules on Registration of Domain Names
The FCCN (the Portuguese domain name system managing body) announced a new set of rules regarding the registration of domain names under the ccTLD (country code top-level domain) .pt, which came into force on July 1, 2010.

The main changes are
- Simplification of the registry on .com.pt and org.pt;
- Making the submission easier;
- Arbitration as a mean to solve conflicts
- Domain names under .pt must match a registered word trademark (national, European Communitiy or international registration designating Portugal)
- Reduction of prices

For more information please click here


10-28-2009 (Newsletter Issue 4/09)
Registration Fee No Longer Due
Ministerial Order No. 1254/2009 was published on 14th October 2009. It introduces some changes in the Portuguese Patent and Trademark Office (PTO) official fees. These changes have taken effect on 23 October, 2009.
Registration fees concerning trademarks, logos, awards, designations of origin and geographical indications, as well as associated fees (surcharge and revalidation) are no longer due.
Formerly, the final registration of these rights depended on the payment of a registration fee within six months after the PTO's decision of grant. As of October 23, 2009, the registration fee is no longer due.
This Ministerial Order is applicable not only to applications submitted after October 23, 2009 but also to applications for which, at that date, the deadline for payment of the registration fee or its surcharge is still ongoing.



Legal basis is the “Industrial Property Law” and the “Decree Law 143/2008” of July 25th, 2008, in force since October 1st, 2008. Portuguese trademarks are also protected on the Azores and Madeira.
Portugal is a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, letters, numbers, devices, combinations of colours, the form of a good or its packaging, sound marks and any combination of the mentioned signs as well as three-dimensional marks. Advertising slogans are also registrable provided that they are distinctive.
The following marks are registrable: trade marks, service marks, collective marks, certification marks.
The application is filed at the Patent and Trade Mark Office (INPI).
Multiple-class applications are possible.
Foreign applicants who indicate an address in Portugal, a facsimile number or an e-mail address do not need a local agent, but it is recommended.
A power of attorney is necessary for applicants represented by a third person who is not a Portuguese official agent.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 4 to 6 months. After formal examination, the trademark application is published in the Portuguese Industrial Property Gazette for opposition purposes. This official gazette is published online on a daily basis. When the opposition phase comes to an end (or an opposition is filed) the application is submitted to an examination. Afterwards, the final notification is issued. The registration of the trademark is published as well.
National:
The opposition period is 2 months from publication of the application, extendable for an additional month. After the end of said term, late oppositions will not be accepted.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the date of registration, not the application date. It is renewable for periods of 10 years.
The grace period is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
A trademark must be used within 5 years from the registration date or the registration will become vulnerable to cancellation for non-use (unless there is a justified reason). Subsequent use of the trademark can restore protection provided that no cancellation of the registration has yet been declared by the Portuguese Industrial Property Office.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is now EUR 124.45 and EUR 31.55 for each additional class. Registration and publication fees are included in the application.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-04-2017
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

02-17-2016
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

12-11-2014
J. Pereira da Cruz, S.A., Lisbon, Portugal  

07-26-2013
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  

06-27-2013
Clarke, Modet & Cº Portugal, Lisbon, Portugal

02-16-2012
J. Pereira da Cruz, S.A., Lisbon, Portugal  
Raul César Ferreira (Herd.), S.A., Lisbon, Portugal  



Raul César Ferreira (Herd.), S.A.





Rua do Patrocínio, 94
1399-019 Lisbon
Portugal (PT)
Tel + 351 213 907 373
Fax + 351 213 978 754
mail@rcf.pt
www.rcf.pt

Raul César Ferreira (Herd.), S.A. is a leading IP firm in Portugal, established in 1929, also working in Macao, Angola, Mozambique, Sao Tome and Principe, Cape Verde and Timor.

The Patent Department have expertise in several technical areas (chemistry, biochemistry, molecular biology, mechanical engineering, etc) and knowledge of drafting, prosecution, enforcement and litigation.

The Trademark Department have also expertise in searches and search opinions, prosecution, enforcement and oppositions in National, Community and International trademarks, and litigation.

RCF also has a vast expertise in matters such as utility models, designs, copyrights, anti counterfeiting and also in IP due diligence, namely validity analysis, infringement analysis, technical expertise in litigation, infringement probative searches, state of the art and advanced technical searches, skilled surveillance, maintenance and technical translations..

Our team collaborators, both external and in-house collaborators, are specialized in all sorts of IP rights. Having made a great investment in highly skilled persons, our collaborators are mainly patents and trademark attorneys but also collaborators specifically qualified in the field of mechanics, chemistry, computer science, biology, molecular biology, pharmacy, biochemistry and others with experience in infringement analysis and validity assessment of IP rights, conducting state of the art searches, promoting an active expert cooperation in IP lawsuits.

J. Pereira da Cruz, S.A.



Joao Pereira da Cruz

Joao Pereira da Cruz
Rua Victor Cordon, 14
1249-103 Lisbon
Portugal (PT)
Tel +351 21 347 50 20
Fax +351 21 342 18 85
info@jcruz.pt
www.jpereiradacruz.pt

J. Pereira da Cruz, S.A.
Industrial Property Services


After more than half a century of activity, our objectives are still the same: to remain at the forefront in defending the interests of our clients in the field of intellectual property.

It is with this spirit that we are entering into a new phase, always keeping up with the new communication technologies. Using these tools, our aim is to provide the national and international community with the means to share information and remain up-to-date with developments in the world of intellectual property.

At the same time, we want to provide our clients with new functionalities, allowing them to access information concerning their rights.

This version of our website is simply the initial phase of an instrument which will soon offer new functions and thereby make it possible to further strengthen our relationship with all those who choose us as their Patent and Trademark Attorneys.

These are the demands of business today and the goals that we have set ourselves.

Instituto Nacional da Propriedade Industrial
Campo das Cebolas
1149-035-Lisboa
Portugal
Tel +351 21 88 18 10 0
Fax +351 21 88 69 85 9
www.inpi.pt

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int