PORTUGAL Trends and Developments Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
Introduction The Portuguese trade mark landscape is under - going a profound transformation, shaped by technological innovation, legal reforms and shift - ing business priorities. As companies seek to strengthen their brand identities in an increas - ingly competitive and digital-driven economy, trade mark protection is evolving to accom - modate new market demands and new market players. Traditional industries and activities have also stepped into the branding and marketing strategy environment in the last few years. Non-Traditional Trade Marks One of the most significant developments is the expansion of non-traditional trade marks. The removal of the graphic representation require - ment has opened the door for sound, motion, hologram and multimedia trade marks, creating new possibilities for brands looking to differenti - ate themselves in a crowded marketplace. This is particularly relevant for industries such as entertainment, gaming and digital commerce, where branding is no longer confined to tradi - tional visual symbols. Companies operating in the metaverse, augmented reality and virtual reality spaces are likely to explore these new registration opportunities, leading to a shift in how trade marks are perceived and protected. However, this expansion also brings challenges, particularly in defining the scope of protection for trade marks that exist in non-physical or digi - tal spaces. AI The role of AI in trade mark registration and monitoring is another emerging trend that can - not be ignored. AI tools are already being used to conduct trade mark searches, assess appli - cation risks and detect potential infringements
in real-time. These technologies are making it easier for businesses, particularly small and medium-sized companies, to protect their trade marks efficiently and affordably. However, the increasing reliance on AI also raises important questions about the balance between automa - tion and legal expertise, as well as the potential for algorithmic decision-making in intellectual property law. Brand Protection What is surprising, or maybe not that surprising, is to see a growing conscience among Portu - guese companies and entrepreneurs from tra - ditional areas, such as agriculture and fishery, about the advantages of owning a trade mark and having a true marketing strategy for the placement of their products. These areas are experiencing fast growth rates in Portugal, con - nected to the identity of the national products but also committed to creating an image and concept based on the brand protection and the marketing concept behind it. On the legal side, trade mark enforcement is expected to become increasingly rigorous. As the number of trade mark applications rises and more international companies enter the Portu - guese market, disputes over brand identity and ownership are likely to intensify. For many years Portugal had a poor reputation in some industry sectors for counterfeit prod - ucts in the textile industry, but over time strong measures pulled the country out of the blacklist. Provisions contained in the Portuguese Indus - trial Property Code have also evolved from bad faith filings; coupled with streamlined opposi - tion procedures at the national level, this sug - gest that businesses are now more proactive in monitoring potential infringements.
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