Trademarks in Portugal

Competent Authority & System

Official Authority: National Institute of Industrial Property / Instituto Nacional da Propriedade Industrial (INPI).

Official Language: Portuguese.

System: National IP system based on the Industrial Property Code (Código da Propriedade Industrial). As an EU Member State, protection in Portugal can also be obtained via European Union Trademarks (EUTM) administered by the EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. Portugal can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident applicants established outside the European Union (EU) or European Economic Area (EEA) must appoint an authorized representative established within the EU/EEA or a registered Portuguese Official Industrial Property Agent (Agente Oficial da Propriedade Industrial / AOPI).

Power of Attorney (POA): Required when represented. A simple signed Power of Attorney is accepted; notarization or Legalization/Apostille is not required unless explicitly requested by INPI under specific doubts.

Online Services & Database

E-Filing: E-filing is fully operational through the official INPI online portal (Serviços Online).

Free Trademark Search Database: Public searches are accessible free of charge via the official INPI Digital Search Register, as well as TMview, EUIPO eSearch plus, and the WIPO Global Brand Database.

Registrable Mark Types

Types: Words, logos, figurative elements, combined signs, 3D shapes/packaging, color marks, sound (audio files), motion, multimedia, pattern, and position marks capable of clear visual or digital representation in the register.

Foreign Characters & Translation: Applications featuring non-Latin scripts or non-Portuguese wording must include a transliteration into the Latin alphabet and a translation into Portuguese.

Classification Framework

Nice Classification: Applies the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted, provided they conform to standard EU common practice (IP TRANSLATED principles) for clarity and precision.

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by INPI (distinctiveness, descriptiveness, genericness, public policy, deceptive signs).

Relative Grounds: INPI conducts an ex officio search for prior identical or confusingly similar trademarks. If a prior conflicting right is identified, INPI may issue a provisional refusal notice.

Office Action Deadlines: Standard response time for formal deficiency letters or provisional refusal notices is typically 1 month (extendable upon request).

Publication & Opposition

Opposition Window: 2 months starting from the publication date of the application in the Official Industrial Property Bulletin (Boletim da Propriedade Industrial - BPI). This deadline can be extended for an additional 1 month upon request.

Standing: Owners of earlier registered Portuguese trademarks, EUTMs, pending applications with earlier priority, well-known marks under Article 6bis of the Paris Convention, or prior corporate signs.

Timeline & Expedited Examination

Average Timeframe: Approximately 4 to 6 months from filing to registration in smooth, un-opposed cases.

Fast-Track Processing: Available automatically without additional fees if the application is filed online, fees are paid immediately, and all goods/services terms are selected strictly from pre-approved classification lists.

Official Fees

Official statutory fees at INPI (national tariff schedule):

Base Application Fee (E-Filing - 1st Class): ~€152 (€151.98).

Additional Class Fee (E-Filing): ~€38.50 (€38.52) per class exceeding the 1st.

Paper Filing Surcharge: Base fees increase significantly (approx. double) for paper submissions.

Official Opposition Fee: ~€64 (€64.21).

Standard Renewal Fee (E-Filing - 1st Class): ~€152 (€151.98).

Renewal Additional Class Fee: ~€38.50 (€38.52) per class exceeding the 1st.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year terms. Renewal applications can be filed within the final 6 months prior to expiration.

Grace Period: A 6-month grace period post-expiration is allowed for late renewal, subject to an official late payment surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes subject to revocation (caducidade) on non-use grounds if it has not been put to genuine commercial use in Portugal for a continuous period of 5 years post-registration.

Declaration of Use: Every 5 years from registration, rights holders may file a simple Declaration of Intention to Use (Declaração de Intenção de Uso - DIU), though non-filing does not automatically cancel the mark unless an interested third party files a revocation request.

Post-Registration Transactions

Recordals: Rights assignments, licensing agreements, pledges, and changes of corporate details (name/address) must be officially registered in the Register at INPI to be legally binding against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and absolute/relative invalidity claims can be submitted administratively to INPI or brought before the specialized Intellectual Property Court (Tribunal da Propriedade Intelectual).

Customs Enforcement: Brand owners can file applications for customs border detention with the Tax and Customs Authority (Autoridade Tributária e Aduaneira) under EU Customs Regulation (EU) No 608/2013 to intercept counterfeit goods at the border.

Country-Specific Risks & Practical Insights

2-Month Opposition Window (+1 Month Extension): The base opposition period is 2 months from BPI publication, but a 1-month extension can be formally requested before expiry.

Ex Officio Relative Search: INPI conducts ex officio relative grounds checks and can issue provisional refusals based on prior conflicting national or EU marks.

5-Year Intention to Use (DIU) Practice: While not mandatory to maintain validity automatically, submitting 5-year declarations of use (DIU) strengthens the record against bad-faith non-use attacks.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Portugal is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.