PORTUGAL Law and Practice Contributed by: Vítor Palmela Fidalgo, João Pereira Cabral and Diogo Antunes, Inventa
be applied for registration in order to be enforceable) and for trade marks used for less than six months, which can serve as relative grounds for refusal of trade mark applications by third parties. Additionally, the unfair competition regime provides some protection
• sound trade marks must be represented in a JPEG, MP3 or OGG file; • movement trade marks must be represented in a JPEG, MP4 or OGG file; • multimedia trade marks must be represented in an MP4 or OGG file; and • hologram trade marks must be represented in a JPEG, MP4 or OGG file. The appointment of a representative is not required. The fees are EUR148,71 for the first class and EUR37,69 for each additional class. 4.5 Use in Commerce Prior to Registration The use in commerce prior to registration is not a requirement for a trade mark application. The use in commerce is generally irrelevant, with the exceptions mentioned in 4.1 Trade Mark Registration . 4.6 Consideration of Prior Rights in Registration The INPI examines prior rights even if an opposition is not filed, such as prior trade mark and logotype registrations. 4.7 Revocation, Change, Amendment or Correction of an Application After an application is filed, it can be withdrawn and modified. However, after the application is published, it can only be amended, at the applicant’s request, to limit the list of products or services or to correct the name or address indicated in the application, errors in expression or transcription, or obvious errors, pro - vided that the amendment does not substantially affect the trade mark or expand the list of products or services. 4.8 Dividing a Trade Mark Application Divisional requests are allowed. An applicant may choose to divide a trade mark application for exam - ple, if it is expected that it will be refused in relation to some goods or services and refused for others. In such a case, dividing the application may result in a faster proceeding in relation to the goods and services for which the granting is expected.
to unregistered trade marks. 4.2 Trade Mark Register
The Portuguese trade mark register is the I nstituto Nacional da Propriedade Industrial (the Industrial Property National Office, or INPI). Prior to filing trade mark applications prior clearance searches are advisable, preferably using private data - bases or TMView. The INPI’s search tool is not com - pletely accurate. 4.3 Term of Registration A trade mark registration is valid for a ten-year period starting from the application date and can be renewed indefinitely. The renewal period occurs in the last six months of the validity period. After this deadline, there is a grace period of six months, when the renewal may be effected through payment of a 50% surcharge. If the renewal is not completed during the grace period, the cancellation of the registration is published. Within a year of such publication, the registration can still be revalidated upon payment of an amount correspond - ing to three times the original renewal fee. 4.4 Application Requirements A trade mark application is filed before the INPI and can be submitted by any person (natural or legal). It shall include the name, nationality and address of the applicant and, if the applicant resides in Portugal, the VAT number. Information on the trade mark to be protected and on the goods and/or services to be covered by the reg - istration and their respective class or classes (multi- class allowed) is also required. Depending on the type of trade mark, different materi - als shall be submitted. For example, for non-tradition - al trade mark:
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