Before you register a trademark, you should take some preliminary precautions:

1. Find out what type of trademark cannot be registered, such as the ones that:
   1. Have no distinctive character;
   2. Have the potential to mislead the consumer;
   3. Are against the law and public order, or that offend morality and proper behaviour;
   4. Contain symbols of State, emblems of government or foreign organizations, coats of arms, medals, names or portraits of people, or signs possessing a high degree of symbolic value (such as religious symbols), amongst others (except with the permission of the relevant parties);
   5. Constitute a violation of another person’s rights or that might favour acts of unfair competition.
2. Investigate whether there already exist similar or identical signs to the one you would like to register. To this end, you should research existing registrations in the databases that are available, for free, through INPI portal – menu INPI Online – Searches – Trademarks.

• To fill the online application:
• A picture of the trademark, for publication, if the sign to be protected is not only verbal:
• Payment of the application fees.

You may also need to present documents providing evidence of claims made in the application, such as claims of a right to priority, or declarations of consent or authorization regarding the use of elements included in the trademark.

In case of not being established in Portugal you can still act directly to INPI’s services by indicating an address in Portugal, an e-mail address or a fax number in order to receive notifications.

If you are being represented by an authorized representative, you should provide the relevant power-of-attorney.

 Go to INPI’s website at www.inpi.pt and click on the INPI Online menu [Trademarks – Filing].

Once an application is filed, it is submitted to a formal examination and then published online in the Industrial Property Bulletin. Then begins a phase during which those who consider themselves harmed by the possible grant of the registration may file oppositions.

When the opposition phase comes to an end (applicants may reply to oppositions), the application is submitted to a substantial examination, following which the decision is issued.

At the end of this process, and if no grounds for refusal are found, your trademark is granted.

The registration is valid for 10 years, counting from the date of the grant. This period can be renewable indefinitely for further periods of equal length.
Renewals should be requested during the final six months of the registration validity period.

Decisions issued by INPI are subject to appeal through the Intellectual Property Court, during a period of two months following the publication in the Industrial Property Bulletin. The Court of Arbitration which works in conjunction with the Arbitration Centre, ARBITRARE, is able to appraise the appeals from INPI’s decisions that are submitted within a two-month deadline, represents an alternative to the law court. For more information about how the Court of Arbitration works and the advantages it offers, visit www.arbitrare.pt.