PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
4.4 Application Requirements The trade mark application must be filed with INPI and contain: • the applicant’s name, address and tax identi - fication number (if resident in Portugal); • graphic representation of the mark (or another form of representation that allows its precise identification); • a list of goods and services, classified under the Nice Classification; • a declaration of priority, if claiming a priority right from an earlier foreign application; • authorisation for names, portraits, symbols or official emblems included in the mark; and • regulation of use for collective and certifica - tion marks. Multi-class applications are allowed, meaning a single application can cover multiple categories of goods/services. Applicants do not need a representative to file an application. Nevertheless, when an application is submitted by an attorney or other representa - tive, a Power of Attorney must be filed with the application. The current filing fees at the INPI for an appli - cation including one class are EUR145.56 for online filing and EUR291.12 for paper filing. Each additional class costs EUR36.90 for online filing and EUR73.80 for paper filing. 4.5 Use in Commerce Prior to Registration There is no requirement for prior use of a trade mark before registration in Portugal. However, genuine use may be required within five years of registration to maintain rights and if
that use cannot be proven, then the trade mark may be subject to cancellation. 4.6 Consideration of Prior Rights in Registration The INPI examines prior trade marks and can refuse applications based on earlier conflicting rights. The examination considers earlier registered trade marks, trade names, company names, well-known marks and protected geographical indications. 4.7 Revocation, Change, Amendment or Correction of an Application Amendments are allowed during the registration process but only to: • limit the goods/services covered; and • correct errors in the applicant’s name, address or other clerical mistakes. Material changes that alter the mark’s identity are not allowed. Applicants can voluntarily withdraw their appli - cation at any time. 4.8 Dividing a Trade Mark Application Applicants may split a trade mark application into two or more divisional applications. Each divisional application retains the original filing date and priority rights. 4.9 Incorrect Information in an Application If incorrect information is provided in an appli - cation the applicant may request correction of clerical errors. If the error is substantial (such as
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