If you are planning to register a brand in Portugal, then this blog post may be useful to you. Protecting your business is vital. It is difficult to overestimate the role of means of individualization, and in particular of a trademark, in the conditions of a modern market economy.
Products manufactured under a certain brand are more popular, become recognizable, demand for them increases and, consequently, income from sales; they form the business reputation of the manufacturers.
Registering a trademark in Portugal is the first important step towards the security of your business in this country. Having your TM registered, you troubleshoot problems and pave the way for success.
The material is presented for informational purposes only and cannot be used as advice on obtaining ownership of a TM.
Basics of regulation
Anyone with a legitimate interest can register a TM in Portugal and obtain its protection. Registration and all other issues connected with trademarks, copyright, domain names and any other kinds of IP are regulated by the Industrial Property Code, as well as the Law on Trademarks.
Types of brands
Entrepreneurs interested in registering a trademark in Portugal should note that one can get a certificate for various purposes: trade and service marks, collective marks (a special mark owned by an association of individuals or legal entities) and certification or guarantee marks.
If you want to obtain ownership of a well-known foreign trademark in Portugal, it would be helpful to know that imitations in this jurisdiction won’t do. Registration may be refused if the mark is fully / partially reproduced, imitating a well-known European trademark in Portugal.
A mark will be also rejected if it is in any way similar to an earlier mark that has wide recognition in the country or in the EU.
One can register a trademark in Portugal by submitting an application electronically. Preliminary brand search is available but not required. However, our experts do advise conducting the trademark search for similarity with the previously registered marks in order to avoid problems with the TM registration.
Obtain TM rights protection in Portugal
Trademark counterfeiting and illegal use can be considered unfair competition. The specialized IP Court deals with proceedings on IP rights violation in Portugal and is authorised to make the final decisions.
One can start a proceeding on theTM rights violation in Portugal by filing a complaint to this court.
Proceedings in the case can be initiated by seizing counterfeit goods. The criminal penalty is established by the court, including compensation for damage, seizure of counterfeit goods. The offender can also be prosecuted.
ADR on TM in Portugal
Large and well-known brands are not always interested in publicizing the TM dispute. They are well aware that this can negatively affect brand reputation, and ultimately, sales. After all, no one wants to buy a product if they are not sure that it is not counterfeit. Therefore, alternative methods of resolving a TM dispute in Portugal, such as arbitration or mediation, have become increasingly popular. Such methods provide assurance that the dispute resolution process will be confidential and not made public. Not so long ago a special ‘Arbitrare’ center was opened which is competent to resolve disputes over industrial property in Portugal, as well as domain names, and corporate names.
Trademarks are the most important distinctive commercial symbols. If you want to ensure brand protection in Portugal, do not hesitate to contact our specialists to order a consultation on how to obtain protection in relation to TM rights in the EU countries. We also offer assistance in TM dispute resolution using ADR in Portugal.