How many times have you heard about trademark registration? But what exactly is it, and what are the key steps in this process?
Trademark registration in Portugal is a crucial step to protect an organization’s identity and ensure the exclusive right to its use. By registering your trademark, in addition to protecting your assets, you gain a set of valuable benefits, such as a competitive advantage and access to international markets.
A strong and recognized trademark stands out from the competition and, consequently, leads to the business’s expansion into other countries. Therefore, to achieve these goals, it is necessary to go through a registration process with several stages.
The first step in this process focuses on verifying the name you wish to register and ends after the analysis and decision by the National Institute of Industrial Property (INPI).
Does it seem complex to you?
Due to a lack of knowledge and support, many entrepreneurs end up overlooking the legal protection of this asset in their priorities.
Join us as we demystify the steps of trademark registration and clarify this fascinating chapter of Industrial Property!
Industrial Property registration must be done with the INPI. This registration is essential to ensure the exclusive and sustainable use of creations. In this way, organizations open the doors to economic growth, protection of intangible assets, and encouragement of innovation, which provides a significant competitive advantage.
Industrial Property rights guarantee exclusive use over inventions, distinctive commercial signs, and trademarks. The registration can cover various modalities, such as patents, designs, or trademarks. The latter will be the focus of this article.
It is important to note that none of these registrations are mandatory. However, they are the only form of legal protection against unauthorized use, production, or commercialization by third parties!
When we talk about trademark registration, we refer to the legal rights that protect a trademark and other distinctive commercial signs, such as logos, trade names, or geographical indications, among others.
Finally, trademarks can be registered as combinations of words, designs, images, letters, or numbers. Contrary to what one might think, there are some trademark registrations that are not possible. This includes cases involving signs that are commonly used in commercial language, those that go against the law and public order, or those made up of elements that imitate or copy existing ones.
For all these reasons, the correlation between Industrial Property and trademark registration is strong; one is intrinsic to the other. If you wish to register a trademark, you should always navigate the world of Industrial Property.
The trademark registration process in Portugal is relatively simple and must be carried out with the INPI, the National Institute of Industrial Property. However, there are preliminary steps you should take into account.
The first step is to define your brand name or some potential names that might be of interest. We know that the process of developing a brand can be a time of indecision… Álvaro Duarte & Associados can be your ally, helping you find the right name for your business.
After making this decision, it is necessary to perform a check to understand which trademarks are already registered and whether the nomenclature coincides with yours. If the name you have chosen is not available, you can rely on us to help, offering small suggestions such as altering an element or color.
We will find the solution that best fits your profile, so you can move on to the next step.
With your brand name verified, you can apply for and fill out the trademark registration application form.
This form must include the details of the trademark holder, such as name, address, and nationality, as well as the representation of the trademark, through an image and its description. Additionally, the form should list the products and services for which the trademark is intended.
Finally, it is essential to specify the type of trademark, whether it is word-based, sound, figurative, or another type.
After completing the form, you must submit the application and make the payment for the registration fee. This will vary depending on the type of trademark and the number of product and service classes.
In the formal examination phase, the National Institute of Industrial Property will analyze the application, checking if it meets all legal requirements.
If the application shows inconsistencies or is incomplete, the INPI will notify the applicant, who will have the opportunity to make the suggested corrections.
At this stage, if the application is in compliance, INPI will publish it in the Industrial Property Bulletin for a period of three months. During this period, any person may file an opposition to the trademark registration application.
Finally, if no opposition is filed, we proceed to the substantive examination phase, which is the final stage of the administrative trademark registration process.
INPI will examine the application to verify whether the trademark meets the distinctiveness requirements. If all criteria are met, the trademark registration certificate will be issued.
Registering a trademark in Portugal is an important investment that can protect your business and increase its value. However, there are some points to consider before starting this process, such as ensuring that the trademark is distinctive and memorable, choosing a trademark that is easy to pronounce and spell, avoiding the use of trademarks that are descriptive of your products or services, and conducting thorough research to ensure that your trademark does not infringe on third-party rights.
We recommend that, when starting this process and before submitting any application, you consult an Official Intellectual Property Agent.
Distinctive Signs of Commerce are an asset for organizations, adding value and reputation to brands. However, to maintain their status in the market, it is necessary to register them.
The registration of these signs allows brands to obtain exclusivity, meaning the holder of the registration has the right to use the sign exclusively throughout the national territory.
On the other hand, registration ensures that third parties do not use similar signs that could cause confusion among the public. Registering also increases the value of the brand, making it an attractive asset for partners and investments.
Finally, the registration of Distinctive Signs of Commerce facilitates access to international markets, as the holder can register their brand in other countries.
