- Is it possible to patent a trademark?

No. Trademarks are registered and inventions are patented. To talk about patenting a trademark or registering a patent is to use incorrect terminology.

- Can my trademark registration in Portugal prevent the registration or use of an identical trademark in Spain?

No. A trademark registration at the Portuguese Industrial Property Office only has effect in Portuguese territory, i.e. mainland Portugal and the islands of Madeira and the Azores.

- Can I protect an idea?

Mere ideas cannot be protected by law either as an industrial property right or by copyright. The idea has to be substantiated and this can be protected as an intellectual property right.

- When can I use the symbol ® next to a trademark?

A trademark registration entitles you to use the symbol ®, the designation “Marca Registada” (“Registered Trademark”) or the acronym “MR” with the trademark, as from the date of grant and after payment of the respective fees. The use of the abovementioned designations in connection with a trademark that is not duly registered is an offence punishable by law

- Can I register a worldwide trademark?

No. Various types of protection exist which make it possible to obtain registrations en bloc, but there is no system for registering a trademark in all the countries of the world. However, the Madrid Agreement and Protocol – International Trademark – allow a trademark to be registered in a considerable number of countries.

- What are the advantages of the Community trademark?

The advantage of a Community trademark is the fact that it makes it possible to obtain registration simultaneously in all 27 Member States of the European Union, at a much lower cost than for individual registrations in each of the Member States using the single registration procedure. However, if the trademark is opposed based on valid grounds, the registration will also be refused en bloc in all 27 Member States.

- How can I react against an imitation of my trademark?

The Portuguese Industrial Property Code, in conjunction with the Penal Code, provides mechanisms for taking judicial action against the usurpation of industrial property rights. A complaint must be filed with the Criminal Police bodies or directly with the Public Prosecutor.

- What is industrial property??

In accordance with Article 1 of the Portuguese Industrial Property Code, industrial property has the function of guaranteeing fair competition by granting private rights in respect of the various technical processes for the production and development of wealth.

- What is intellectual property?

The World Intellectual Property Organization Convention defines intellectual property as being the rights relating to literary, artistic and scientific works, performances of performing artists, phonograms and broadcasts, inventions in all fields of human activity, scientific discoveries, industrial designs, trademarks, service marks, commercial names and designations, protection against unfair competition and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields. In summary, the concept of intellectual property covers not only industrial property but also copyright.

- What is the duration of a trademark registration?

The duration of a trademark registration in Portugal is 10 years counted from the date of grant and it can be renewed indefinitely for identical periods.

- Can I protect a chemical compound by means of a utility model?

No. Inventions relating to biological material or chemical or pharmaceutical substances or processes cannot be protected as utility models.

- Can I register more than one trademark?

Yes. There is no type of restriction on the number of industrial property rights that a legal entity or individual person can own.

- Can I sell a trademark?

Yes. Trademarks can be assigned, with or without consideration, to third parties, whether they are legal entities or individual persons.

- What is the advantage of registering a trademark?

A trademark registration confers the right to the exclusive use of the trademark and allows its owner to prevent the use thereof by third parties for identical or similar goods or services. A trademark registration is the only legal means to deter imitation.

- How long does it take for a patent to be granted?

The minimum period for obtaining the grant of a Portuguese patent is 21 months.

- How long does it take for a utility model to be granted?

The minimum period for obtaining the grant of a utility model is nine months.

- Do patents have maintenance costs?

Yes. Patents are subject to the payment of annual fees, the amount of which progressively increases over time. The maximum term of a patent is 20 years.

- Can I protect the colours of my trademark?

Yes, it is possible to protect the combination of colours in a trademark. In order to maintain the validity of the registration, the trademark must be used in the colours protected (claimed).

- Can I register a .pt domain name based on a trademark application?

No. Only granted trademark registrations can serve as the basis for a .pt domain name registration

- Can I register a .pt domain name based on a device (figurative) mark?

No, only registered word marks valid in Portugal can serve as the basis for a .pt domain name registration.