EXAMINATION

Trade mark applications are examined by its comparison among prior registered trade marks and/or applications, as well as on absolute grounds (v.g. distinctiveness).

The trade mark must have distinctive character. The Patent and Trade mark Office may refuse registration by lack of distinctiveness. Trade mark registration can also be refused based on relative grounds, namely when the trade mark applied for is the reproduction or imitation of an earlier right.

The granting term to grant a trade mark registration has been reduced in the past years. Presently the law does not establish any term do render a decision. In the case where a reply to a provisional refusal is filed a decision has to be taken in one month. The term to reply to a provisional refusal was also reduced to one month.

A provisional refusal is possible when the intended trade mark lacks distinctiveness (absolute grounds) or even in cases of prior registered rights (relative grounds) where the owner did not file opposition.

APPEAL
Decisions which grant or refuse registration can be challenged before the Judicial Courts.

The Lisbon Intellectual Property Court has jurisdiction to decide on trade mark appeals.

INVALIDITY
Trade mark registrations can be revoked or even declared void, v. g. if one can prove that in the registration proceedings essential procedural rules were not observed.
Invalidity actions can be brought before the Courts. In this case, however, other judicial Courts can have jurisdiction to decide.