The simplification measures introduced in the Industrial Property Code have as a prime objective the reduction of time limits for the concession of industrial property rights and, as a second objective, the elimination of onerous formalities for the citizens and for the enterprises.
As for the first objective and in what respects, for example, trademarks registers, it is foreseen that the time limit of examination is substantially reduced, removing the rule establishing the time limit of 12 months for a decision to take place, counting from the date of filing of the application.
Still in what respects trademarks registers, and concerning the second objective drawn with the present reform, the obligation of filing Declarations of Intention of Use, which the Government described as “redundant and unnecessary formality” was removed. Indeed, it is noteworthy the fact that the Declarations of Intention of Use stop being required right after the publication of the Decree-Law n.º143/2008, i.e. from July 26th 2008, anticipating, in this particular, the entering into force of these legislative amendments.
Accordingly, the Declarations of Intention of Use stopped being required both for the trademarks which time limit for presentation was still ongoing and for those cases in which this declaration has not been filed, thus preventing the Patent and Trademark Office of declaring the cancellation of the register either officially or in result of third interested parties’ request.
Other general amendments worth mentioning, and still in the framework of time limits reduction objective, are those related, for instance, to the fact that prorogations of the time limit to present oppositions or observations in reply stopped being automatic, but dependent of good reason and appreciation by the PTMO. It is no longer possible to obtain second extensions of time.
The time limit to respond to a provisional refusal decision was reduced to just 1 month and the time limit for reexamination by the PTO is also of 1 month.
The terms for reply and for the examination of a demand for cancellation for non use were also reduced for 1 month. In this case, however, the time limit to reply can be extended one single time, for the same period.
In the field of patents the time limit for examination was reduced to 1 month, either there has been opposition or not.
In what concerns the second objective, the special process of register for the marks of the international registry was eliminated. The reduction of time limits for a decision and the fact that the safeguard clause established in the Protocol relating to the Madrid Agreement has been revoked, means that great part of the international registers are based on national applications and not just registers already granted, therefore proving unjustified the maintenance of that institute.
The acts relating to the waiver of international registers may now be presented straightly before OMPI, and not necessarily before the PTMO.
The modalities of the “shop name and shop insignia” have been eliminated. The logotypes are now the only modality that is intended to distinguish an entity that performs services or commercializes products, and can be used, namely, in establishments, advertising, paper forms or correspondence.
The presentation of a negative certificate of company name and of a land registry certificate is no longer needed.

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