PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
4.2 Trade Mark Register Portugal maintains a publicly accessible trade mark register, managed by INPI. This register includes national, EU and international trade marks effective in Portugal. The register can be accessed online through the INPI’s official website. It allows anyone to search for existing trade marks to check if their mark is available for registration, or to examine the details of already registered trade marks, such as the trade mark owner, application number, registration date, goods and services for which the mark is registered, and other related data. It is strongly recommended and normal prac - tice to search for prior trade marks ‒ whether registered or unregistered ‒ before submitting an application for trade mark registration. This helps applicants avoid potential conflicts with existing marks and increases the likelihood of the mark being accepted for registration. 4.3 Term of Registration A trade mark registration lasts for ten years from the application date. It can be renewed indefinitely for successive ten- year periods. Renewals must be requested within six months before expiry. If the deadline is missed, renewal is still possible within six months after expiration by paying additional fees. If the mark is not renewed within this grace period, it is considered lapsed and may only be re-registered as a new application. In Portugal, there is no requirement for proof of continued use of the trade mark at the time of renewal.
evaluation. If the IGAC upholds the refusal, the applicant may escalate the matter to the courts. 3.10 Related Rights A copyrighted work may also be eligible for trade mark protection if used in commerce to identify goods or services. However, copyright and trade mark laws serve different purposes and do not overlap entirely. Copyright law does not protect generic elements, while trade mark law requires distinctiveness. Copyright can coexist with related rights such as performance rights (eg, performers of music) or producers’ rights (eg, producers of phonograms or audiovisual works). 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark protection requires registration before the National Institute of Industrial Proper - ty (INPI). Unregistered trade marks do not enjoy legal protection unless they fall under special cases, such as well-known marks under inter - national conventions. Trade mark rights are acquired through registra - tion, following the first-to-file principle. However, prior users of an unregistered mark have a six- month priority period to oppose later applica - tions and file for registration. The same standards apply to all types of trade marks, including word marks, figurative marks, three-dimensional marks, sound marks and cer - tification/collective marks.
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