PORTUGAL Law and Practice Contributed by: Vítor Palmela Fidalgo, João Pereira Cabral and Diogo Antunes, Inventa
4.9 Incorrect Information in an Application Incorrect information can be corrected before the INPI. 4.10 Refusal of Registration Signs that cannot be graphically represented in a way that allows the scope of protection to be clearly and precisely determined will be refused registration. The following are also absolute grounds for refusal of registration: • signs devoid of any distinctive character; • signs consisting, exclusively, of the shape, or another characteristic, that results from the nature of the goods themselves, by the shape, or another characteristic, of goods that are necessary to obtain a technical result or by the shape, or anoth - er characteristic, that gives substantial value to the goods; • signs consisting exclusively of signs or indica - tions that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service; • signs consisting exclusively of signs or indications that have become customary in the current lan - guage or in bona fide and established practices of the trade; • symbols, coats of arms, emblems or distinctions of the State, municipalities or other public or pri - vate entities, national or foreign, the emblem and denomination of the Red Cross, or other similar bodies, as well as any signs covered by Article 6 ter of the Paris Convention for the Protection of Industrial Property, unless authorised; • signs with high symbolic value, namely religious symbols, unless authorised, when applicable, and except when they are common in the current lan - guage or in the loyal habits of trade of the products or services for which the trade mark is intended and accompanied by elements that confer it dis - tinctive character; • signs that are contrary to public policy or to accepted principles of morality; • signs that are likely to mislead the public, namely about the nature, qualities, utility or geographical
origin of the product or service for which the trade mark is intended; • signs that infringe designations of origin and geo - graphical indications; • signs that contain, in all or some of their elements, plant variety names that are protected; and • signs consisting exclusively of the National Flag of the Portuguese Republic or some of its elements, or, not exclusively, are likely to mislead the pub - lic about the geographical origin of the products or services, to lead the consumer to mistakenly assume that the products or services come from an official entity, or to provoke disrespect or dis - credit the National Flag or any of its elements. When absolute grounds for refusal are found, the INPI issues a provisional refusal and the applicant is allowed to respond within a month. 4.11 The Madrid System Portugal is party to the Madrid System. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation Oppositions can be filed within two months of the publication of the trade mark application and this deadline can be extended for another month. A sus - pension of the opposition proceeding can be granted if it is requested by both parties, for example, to reach an agreement. Annulment applications can be filed within five years of the granting of the registration. Applications for the declaration of nullity can be filed at ay time. 5.2 Legal Grounds for Filing an Opposition or Cancellation An opposition may be based on: • likelihood of confusion with an earlier registered trade mark; • likelihood of confusion with an earlier registered logo;
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