Trademark registration in Macau is handled by the IPD. Please note that you aren’t required to register a trademark in Macau; however, doing so enables you to prohibit 3rd parties from using it without your consent. Thus, registering a trademark in Macau provides you with certain ownership rights.
The following TM types can be registered:
- TMs used on goods & packaging;
- services-related TMs;
- certification TMs;
- 3D TMs;
- sound TMs.
Procedure & Documentation
Registering a TM in Macau requires completing a special application form in Chinese or Portuguese. Each form is applicable to only one TM registration in Macau. The application can be filled out by both individuals & legal entities, however, for that to happen, the following conditions must be met:
- a copy of residential permit must be provided (for physical persons);
- an application form must be completed by authorized representatives of legal entities (for legal entities).
- if physical persons or legal entities aren’t residents of Macau or are registered outside Macau, a TM registration form must be signed by their authorized representatives.
The following documentation must be provided:
- a filled out registration form (translated or transliterated);
- a PoA;
- a permit authorizing the use of other companies or people’s names, including logos & images;
- a permit authorizing the use of flags, coats of arms, symbols and other distinctive marks of Macau;
- a permit authorizing the use of religious symbols;
- a description, image or any other distinctive representation of a TM;
- a permit authorizing the use of an already registered TM;
Macau: Trademark Registration
It takes up to five months to register a TM in Macau & another five to obtain a certificate of registration in Macau. Validity term is seven years, and it’s counted from the day an application was submitted on. Registration can be renewed for another seven years.
If a TM isn’t used for three consecutive years & no valid excuse is provided for that, its registration may be canceled.
Appealing rejection of TM registration in Macau is possible by applying to 1st instance courts within a month from the date of notification. Any 3rd parties can challenge registration within two months since the date a TM was registered .
Licensing
Industrial property rights can be licensed in whole or in part for an unlimited or limited term. Drafting a licensing agreement for a trademark in Macau is done in writing. Licensees enjoy all the privileges accorded to TM owners. However, license holders can’t waive the requirement to grant any other licenses in relation to the rights that the license refers to.
Enforcement
TM owners can apply to court to protect TM rights in Macau. The following actions committed without the consent of the owner of the mark are violations:
- using an identical or similar TMs;
- using TMs that are misleading to consumers due to their similarity.
Sanctions allowing TM owners to protect trademarks in Macau are very serious & include fines & even imprisonment. Sanctions are also applied against individuals or companies attempting to register TMs infringing on the other parties.
To sum up, registration allows TM owners to protect themselves from illegal use of their trademark & unfair competition. Owners of registered TMs also have a right to license or transfer TM rights in Macau. Despite its apparent simplicity, the registration procedure requires enlisting services of professional advisors. Please note that the experts of IQ Decision UK can provide you with an individual consultation on the registration of trademarks in Macau, they can also provide assistance with filling out an application form, preparing all the necessary documents & submitting them to the IPD.
