The trademark is used to identify and distinguish products and services of different companies. In this sense, it is essential to proceed to this legal registration to assure that the same is not unduly used by thirds. In Portugal, the respective registration is carried out with INPI – Portuguese Industrial Property Institute.
The procedure of the trademark application takes, at least, about 4 months. It is composed by 6 stages:
1. Filing of the Trademark Application;
2. Formal Examination: At this stage the form data and the classifications of products and services of the Nice classification are ascertained;
3. Publication on the Industrial Property Bulletin;
4. Period of Opposition (2 months) to potential filing of oppositions by whom considers itself prejudiced by the grant of the registration;
5. Study and decision of the Institute, by considering the trademark application as admissible or not admissible. Subsequently, the decision of the Institute will be published on the Industrial Property Bulletin;
6. Period of 2 months to file an appeal from the decision in case of non-admissibility.
Non-admissibility is the refusal of a trademark application by the competent Institutes.
In this regard, the non-admissibility may be based on absolute or relative grounds:
- When the sign to be registered does not have distinctive capacity;
- When the sign may lead the consumer into error;
- When presented in an opposite way to the law or public order or transgressing standards of public decency;
- When includes State symbols, public entities emblems, or names or portraits without any authorization for such of those entitled to that.
- When includes signs of high symbolism, for instance religious or cultural;
- When a trademark copy or imitates a previous trademark;
- When the trademark is solely characterized by common elements of commerce vocabulary without combined with a distinctive element.
In case you wish to proceed to the registration of a trademark, you must take into account the conditions which may lead to the refusal of the trademark application, by timely filing the trademark application, since this procedure is a time-consuming one.
Feel free to contact us for more information concerning the non-admissibility of a trademark. We will be pleased to help you!
26 May 2022