PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
false ownership claims), the INPI may refuse the application or cancel the registration. The INPI has the power to request corrections or reject applications containing false or misleading information. 4.10 Refusal of Registration The INPI may refuse the application outright. This may happen if the application does not contain the required information or is contrary to public order and good customs. Absolute grounds for refusal include the follow - ing. • Lack of distinctiveness: signs that do not allow clear differentiation between goods or services of different businesses. • Graphical representation issues: signs that cannot be graphically represented in a clear and precise manner. • Descriptive or generic signs: marks that exclusively consist of indications related to product characteristics, such as quality, quantity, purpose or geographic origin. • Common or customary terms: words or expressions that have become common in everyday language or trade practices. • Deceptive marks: signs that could mislead consumers regarding the nature, quality or origin of goods or services. • Public order and morality: marks that contain offensive, immoral or unlawful expressions or figures. • Use of national or international symbols: unauthorised use of official emblems, flags, religious symbols or elements protected by international agreements (such as Article 6 ter of the Paris Convention). • Geographical indications and designations of origin: signs that infringe protected appella -
tions of origin, traditional wine terms or other EU-protected agricultural indications. • Imitation of official distinctions: the unauthor - ised use of official badges, decorations, or similar symbols. • National flag protection: marks consisting exclusively of, or incorporating, the Portu - guese national flag in a way that misleads consumers, suggests official endorsement or damages the flag’s prestige. If an application is refused on these grounds, the applicant has the right to respond and argue against the refusal within the prescribed time - frame. 4.11 The Madrid System Portugal is a member of the Madrid System, allowing for international trade mark registra - tions through WIPO (World Intellectual Property Organization). International applications can be filed through the INPI, and the procedure is similar to national registrations. The INPI can refuse international registrations if they do not comply with national legal require - ments; it is necessary to inform WIPO when this occurs. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation An interested party may oppose a trade mark application within two months of its publication in the Industrial Property Bulletin. This period may be extended by an additional month upon request by the opponent.
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