To get trademark protection in Macau, a brand must necessarily be registered locally. This article provides information on the specifics of TM regulation in this jurisdiction, so if you intend to start a business in Macau, you may find these materials useful.
Main regulatory documents
Trademarks in Macau are governed by the umbrella of the Industrial Property Code and its amendments at various times.
Jurisdiction is a participant:
- World Trade Organization (WTO);
- Agreements on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
A shield against infringement
Registration will protect your brand against unauthorized use by third parties and entitle you to sue for infringement through the courts.
Any natural or legal person with a legitimate interest can register a TM in Macau. You can get more information about the nuances of applying for a personal consultation with our legal advisors.
It is worth noting that collective and certification marks can also be registered.
With regard to unregistered trademarks, only a trademark application is granted temporary protection. A full shield can be obtained only after registering a trademark in Macau. Failure to register could allow third parties to register the same or similar mark and this could make using your own mark impossible. In this case, you have the right to oppose the application based on confusing similarity.
The following actions are considered a violation of TM:
- commercial use of any marks similar to the registered trademark of Macau for the categories of goods for which the mark has been registered;
- use of a mark that, due to similarity, may create a risk of confusion in the mind of the consumer.
When registering a TM in China or Macau, please be aware that electronic filing is very common here. Applications for registration are delivered in the Economic Services of the Macau SAR Government.
Before applying, searching for a trademark is available but not required if you don’t want it. However, we strongly recommend having this search done to find out the chances your trademark has of being successfully registered in Macau SAR.
Associated IP rights
Trademarks in Macau may be protected as copyrights or designs. Trademarks on the Internet or domain names can also be protected under the rules of unfair competition.
Macau is an independent jurisdiction and therefore registering your trademark in China will not provide your brand protection in Macau.
Brand protection is a crucial aspect to look out for when entering a new market. If you have any queries about trademark regulation in Macau, please contact us in a convenient way. Our legal experts will provide a range of necessary consulting and accompanying services at all stages of TM registration in China and will process your trademark registration in Macau. An experienced trademark solicitor will file and monitor your application.