PORTUGAL Trends and Developments Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
The growing complexity of brand protection, particularly in online marketplaces, also means that legal enforcement strategies will have to evolve to keep up with digital commerce and social media branding. Sustainability and ESG-Driven Branding Another major shift influencing trade marks in Portugal is the growing importance of sustain - ability and ESG-driven branding. As consumers become more conscious of environmental and ethical considerations, companies are respond - ing by integrating sustainability into their brand strategies. This is leading to an increase in trade marks that signal an adherence to green busi - ness practices, fair trade standard, and carbon- neutral commitments. The risk, however, is that without strict regulatory oversight, some com - panies may engage in misleading branding, so- called greenwashing, where sustainability claims are exaggerated or unsubstantiated. This trend calls for clearer guidelines on how ESG-related trade marks should be granted and enforced. These changes reflect not only Portugal’s align - ment with EU regulations but also the growing sophistication of businesses in leveraging intel - In parallel with these shifts, Portuguese com - panies are increasingly balancing the forces of globalisation and localisation in their branding strategies. While many businesses are looking beyond national borders and filing more inter - national trade mark applications through the EU trade mark (EUTM) system and the Madrid Pro - tocol, there is also a countertrend toward rein - forcing local identity. lectual property as a strategic asset. Localisation in Branding Strategies This is particularly evident in sectors such as wine, food and craftsmanship, where brands
are leveraging Portugal’s cultural heritage as a competitive advantage. The rise in geographical indications (GIs) and designation of origin trade marks highlights the importance of protecting products that are closely tied to Portuguese tra -
ditions and regions. Design Protection
Another aspect that will influence trade mark strategy in the coming years is the relationship between design protection and trade marks, particularly in light of the upcoming EU Design Reform. With the introduction of the repair clause, which allows third-party manufactur - ers to produce identical spare parts for repairs, some businesses may shift their focus from design protection to trade marks as a means of maintaining control over product aesthetics. This change is likely to impact industries such as automotive, consumer electronics and fashion, where design protection has historically played a crucial role. The Digital Economy The digital economy is also reshaping how businesses approach brand protection. E-com - merce, social media and the increasing pres - ence of brands in digital spaces mean that trade mark infringement is becoming more complex and widespread but also reflects an immense new set of possibilities to reveal trade marks and brand strategies. Advice on branding strategy should involve not only the branding and marketing teams but also the legal teams. The branding and marketing spend is directly linked to the effectiveness of the trade mark and its availability in the market. Trade marks are no longer just a legal protection to cover a name or a design to identify prod - ucts and services, they are strategic assets that
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