Oct 28, 2023 (Newsletter Issue 8/23)
Accession to the Geneva Act of the Lisbon Agreement
On October 18, 2023, the Government of Portugal deposited its instrument of ratification to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indication (“Geneva Act”).
With this ratification, the Geneva Act now offers protection in 21 Contracting Parties covering up to 57 countries, while the Lisbon System covers up to 72 countries in total.
The ratification will allow Portugal to protect both its appellations of origin and geographical indications under the Geneva Act, including those in the non-agricultural product category.
The Geneva Act will enter into force with respect to Portugal on January 18, 2024.
Source: www.wipo.int
Dec 01, 2022 (Newsletter Issue 17/22)
Lisbon Becomes Seventh Certified Authenticity
On 26 October 2022, the municipality of Lisbon became the first certified Portuguese “Authenticity” and will join the other six certified Authenticities Thessaloniki, Sofia, Plovdiv, Banska Bystrika, Mykonos, and Madrid.
This EUIPO project aims to raise awareness, among local policymakers, businesses, and the European public, of both the value of IP and the damaging effects of counterfeiting in European cities.
Source: www.euipo.europa.eu
Apr 30, 2020 (Newsletter Issue 6/20)Two New Online Services LaunchedThe National Institute of Industrial Property of Portugal (INPI) launched two new online services for filing international trademark applications and European patent applications.
In accordance with Law No. 4-A/2020, which authorises exceptional and temporary measures in response to the COVID-19 outbreak, and Decree-Law No. 16/2020, which provides that the actions of INPI are carried out exclusively via the internet, the two new online services are made available as of April 20, 2020.
All the necessary steps for each of the procedures will be explained on the service pages Filing an international trademark application and Filing a European patent application on the Justiça.gov.pt portal.
Further information can be found hereSource: www.justica.gov.pt Sep 05, 2019 (Newsletter Issue 12/19)IP Court with Extended Jurisdiction The Portuguese Parliament has adopted a law (Law 55/2019 of 5 August 2019) amending the Law of the Organization of the Judiciary System, in respect of two important aspects in the field of intellectual property.
Firstly, the law gives new powers to the Intellectual Property Court in the area of copyright and also in the contractual field of industrial property rights.
Secondly, Law No. 55/2019 creates a new section in the Lisbon Court of Appeals specializing in intellectual property and competition, regulation and supervision which will have jurisdiction over the causes of the IP court and the Competition, Regulation and Supervision court.
The amendments will enter into force on October 1, 2019.
For more information, please click hereSource: www.sgcr.pt Aug 22, 2019 (Newsletter Issue 11/19)
New Online Services for Trademarks and Designs Launched
The National Industrial Property Institute of Portugal (INPI), with the support of the EUIPO’s European Cooperation Projects, has launched a set of new online services for filing trademark and design applications online. The new digital services platform became available on July 1, 2019.
With this implementation, INPI also supports the implementation of the transposition of the EU Directive to approximate the laws of the Member States relating to trade marks (Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015).
Source: www.euipo.europa.eu
Jul 11, 2019 (Newsletter Issue 9/19)
New Official Fees and Formalities Regulation
The new Portuguese Industrial Property Code came into force on July 1, 2019 and the Ministry of Justice and the Ministry of Finance adopted new official fees. All official fees have been adjusted in accordance with the inflation rate.
Further on July 4, 2019, the Portuguese INPI published its Decision no. 6142/2019 concerning the “Formal requirements and rules for applications and documents that regard the granting of industrial property rights”. This document contemplates implementing rules and technical requirements for applications of trademarks, utility models, designs and patents, etc. including the requirements for representation for the several types of trademarks foreseen (e.g. colour marks per se, sound marks, multimedia marks, movement marks and hologram marks).
Please note that the Portuguese Country Information has been updated with the amendments of the new Portuguese Industrial Property Code thanks to our contributor A. G. da Cunha Ferreira, Lda. from Portugal.
Source: www.sgcr.pt
Apr 04, 2019 (Newsletter Issue 5/19)New Industrial Property Code in Force SoonOn December 10, 2018, the Decreto-Lei nº 110/2018 was published in the Portuguese Diário da República, introducing the new Industrial Property Code (Código da Propriedade Industrial-CPI). The EU Directive 2015/2436 and the EU Directive 2016/943 are incorporated into national law. While the first Directive focusses on the harmonization between member states, the other Directive concerns the “know-how” and trade secrets protection.
The most relevant changes are the following:
- An administrative procedure has been introduced: The Portuguese Institute of Industrial Property (INPI) can declare registered trademarks and designs invalid in the first instance.
- In cases of trademark disputes elicited after publication of the trademark application by an opposition filed by a third party on the grounds of a previous registered trademark, the applicant can request the plaintiff to provide evidence of serious use of the trademark on which the opposition is based.
The new Industrial Property Code will come into force on the July 1, 2019. The rules regarding the protection of trade secrets protection came already into effect on January 1, 2019.
For further information, please click hereSource: www.abg-ip.com Jul 24, 2018 (Newsletter Issue 13/18)
Official Fees Increased
On July 1, 2018, the Portuguese Institute of Intellectual Property increased the official fees.
The official fee for filing a trademark application is now EUR 126.17 for the first class and EUR 31.99 for each additional class when filing online and EUR 252.33 for the first class and EUR 63.96 for each additional class when filing by paper.
Source: www.inpi.justica.gov.pt
Jun 28, 2018 (Newsletter Issue 12/18)Draft Proposal for New IP Code SubmittedThe Portuguese Government has submitted a proposal for a new Industrial Property Code to the Parliament for approval which will repeal and substitute the most important IP law in force.
The current IP Code was adopted in 2003 (Decree Law 36/2003) and amended in 2008 (Decree Law 143/2008). According to its preamble the draft proposal has the following goals:
a) Implementing the recast of the EU trademark directive - Directive (EU) 2015/2436 of the European Parliament and of the Council of December 16, 2015;
b) Implementing the EU trade secrets directive - Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016;
c) “Simplifying and clarifying administrative procedures of granting, maintenance and extinction of industrial property rights”;
d) “Adopting mechanisms to strengthen the rights protection system and to give effectiveness to remedies against infringements”.
The changes provided by the proposal are substantial in number and extension and touch upon all industrial property rights. Some of the most noteworthy amendments proposed on trademarks are the following:
The proposal reflects the provisions of the Directive (EU) 2015/2436 which brings some important innovations into the national law, namely the
- Request of evidence of use as a defence in opposition proceedings
- Intervening rights of proprietor of later registered trademarks as defence in infringement proceedings,
- New right to prevent the entry of infringing goods in transit where such goods come from third countries,
- The rule that the trademark duration shall be counted from the date of filing instead of the granting date.
Further, it has been proposed to maintain the principle of ex-officio examination of relative grounds of refusal according to which the National IP Office has the power to refuse applications on the basis of its own ex-officio examination on grounds of identity or confusingly similarity with prior trademarks.
Additional to that the Government has opted to implement the Directive to its full extent, including article 45 of the Directive (procedure for revocation or declaration of invalidity) the implementation of which was only mandatory by January 14, 2023.
For more information, please check hereSource: www.sgcr.pt Sep 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
Jul 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
Oct 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
Jul 04, 2014 (Newsletter Issue 11/14)Official Fees ChangedThe 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 Jul 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
Jul 01, 2013 (Newsletter Issue 10/13)New Application GuidelinesOn 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 Jun 25, 2012 (Newsletter Issue 10/12)Official Fees IncreasedThe 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 Apr 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
Mar 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
Oct 25, 2011 (Newsletter Issue 12/11)Project Seniority ImplementedThe 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 Jul 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
Sep 01, 2010 (Newsletter Issue 14/10)New Rules on Registration of Domain NamesThe 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 Oct 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” approved by the Decree Law 110/2018 of December 10, 2018, in force since July 1, 2019.
Portuguese trademark registrations are protected in the Portuguese Territory, including the autonomous regions Azores and Madeira.
Portugal is a member of the Madrid Agreement, the Madrid Protocol and the European Union. Portugal is a member of the Paris Convention for the Protection of Industrial Property and of the TRIPS Agreement.
Trademark protection is obtained by registration.
Article 208 of the new Industrial Property Law sets out that a trademark may consist of a sign or set of signs such as words, including natural person’s names, devices, letters, numerals, sounds, colour, the shape of a product or its packaging, or of a sign or set of signs that can be represented in such a way as to determine, in a clear and precise manner, the object of the protection conferred on its proprietor, provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings.
Trademarks can be registered for goods and/or Services.
Collective marks and certification or warranty marks are also registrable.
Protection of non-traditional trademarks: The representation of trademarks does not have to be necessarily graphically, so the possibility for registration of non-traditional trademarks that are represented in non-graphical ways is now available.
The application is filed at Portuguese Industrial Property Office (INPI).
Multiple-class applications are possible.
Local agent is recommended. Foreign applicants who indicate an address in Portugal, a fax number or an e-mail address do not need a local agent.
Filing 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 decision of grant/ refusal/ partial grant of the registration of the trademark is published as well.
National:The opposition period is 2 months from publication of the application, that can be extended once, upon request, for an additional month. After the end of said term, late oppositions will not be accepted.
Within the same period of time third party observations can be filed (based on absolute grounds of refusal).
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 filing date. Registration is renewable for periods of 10 years. A transitional renewal regime is foreseen, in view of amendment of the count of duration of the trademarks (previously counted from the registration date and now from the filing date). Partial renewals are possible.
The official fee for filing a trademark application is EUR 145.56 for the first class and EUR 36.90 for each additional class when filing online and EUR 291.12 for the first class and EUR 73.80 for each additional class when filing by paper. There is a grant fee of EUR 11.80 (online) or EUR 24.62 (by paper).
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