Applying to register a trade mark in Portugal
A trade mark is a sign used to identify and distinguish the goods or services of a company from the goods or services of other companies.
Learn more about trade marks on the Justiça.gov website.
This page provides information on the following:
In Portugal, trade marks and other distinctive trade signs are registered at the National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial, INPI).
Registration is the only legal way to protect a trade mark or other signs from being used without the holder's authorisation. Check that the trade mark or sign you want to register is not yet registered.
You can apply for registration of a trade mark online or on paper.
Before submitting a registration application, please make sure that:
- there is no trade mark equal or similar to the one you want to register
- the trade mark makes it possible to distinguish your products or services so that consumers are able to recognise and distinguish them from the trade marks of other companies on the market.
Trade marks composed of words, letters, numbers, images or drawings, the shape or packaging of the product, sounds and colours may be registered, provided they are appropriate for distinguishing a company’s products or services from those of other companies.
Trade marks consisting of other elements which do not correspond to those mentioned above may also be registered, provided that their representation makes it possible to determine, in a clear and precise manner, the object of protection granted to its owner.
The following cannot be registered as trade marks:
- those composed of common elements in the language of commerce, by certain shapes or those consisting solely or for the most part of elements that describe the product or service (for example, registering the brand ‘Shoes’, to identify footwear)
- unless these elements are combined with other distinguishing features (for example, ‘Shoes by SpaciX’ – SpaciX is the distinguishing element and the descriptive term 'shoes' is not for exclusive use);
- those that may mislead the consumer (e.g. ‘ASTRAL – Like Silk’, for cotton clothing)
- those contrary to law and public order or that go against ethical and proper practices (e.g. ‘DRINK & DRIVE’)
- those that contain symbols of the Portuguese State, emblems of national or foreign public entities, coats of arms, names or portraits of people, without authorisation from the persons or entities who own those symbols
- those containing signs with a high symbolic value (e.g. religious symbols), unless they are usually used in current language or trade and appear together with other elements which make the sign distinctive
- those composed of signs that copy or imitate others that already exist, without the holder’s authorisation.
For registration you will need:
- a representation of the trade mark (in particular, with the words, figures and drawings that make it up and the colours of the mark, if you wish to register the colours)
- identification data of the person applying for registration (name, trade name or company name, nationality, address, tax identification number (Número de Identificação Fiscal, TIN) and email)
- the classification of the products or services for which the trade mark is intended, according to the Nice Classification
- to indicate the country where you made the first registration application of the trade mark, the date and number of the application, if you wish to claim priority
- the signature or electronic identification of the applicant or their authorised representative
- if the trade mark bears the name or portrait of another person, that person's authorisation
- if the trade mark has symbols, coats of arms, emblems or distinctions from the Portuguese State, municipalities or other entities, the authorisation from those entities
- if the trade mark includes signs with a high symbolic value (such as religious symbols), the authorisation of the entities or persons who own those symbols
- if the trade mark references a reward, the reward registration number
- if the trade mark may be confused with another trade mark, the statement of consent from the owner of that trade mark
- if the trade mark includes sounds, a recording of those sounds in mp3 or WAVE format.
Applying online to register a trade mark
You can apply to register your trade mark through the National Institute for Industrial Property’s (INPI) online services website. Applying online is 50% cheaper than on paper.
Check the costs associated with applying online to register a trade mark on the Justiça.gov website.
Apply on paper to register a trade mark
To apply on paper, you must complete the form Pedido de Registo de Sinais Distintivos do Comércio (Application for registration of distinctive trade signs) and if necessary, the continuation sheet for the registration application, in Portuguese and in duplicate.
Once completed, the forms may be submitted:
- in person at the INPI. You will be able to pay in cash or by bank debit card.
- by post. You can send a cheque payable to ‘IGCP — Agência de Gestão da Tesouraria e da Dívida Pública’ or a postal order payable to ‘INPI, IP’.
- at a Business Formality Centre.
- at the Coimbra, Lisbon or Porto Commercial Registry.
Check the costs associated with applying online to register a trade mark on the Justiça.gov website.
The trade mark registration is valid for 10 years from the application date
Renew the registration in the last 6 months of validity
If you do not apply for renewal during this period, you have another 6 months after validity expiration to request renewal, where an additional fee is due for the delay. The application for renewal and the payment of fees can be done online or in person.
Applying for online renewal is simple and guarantees a discount on fees payable.
You can submit an application for renewal on paper:
- at INPI, in person or by post
- at a Business Formality Centre
- at the Coimbra, Lisbon or Porto Commercial Registry.
Track the trade mark registration process
You can follow the registration progress of your trade mark or other trade sign through INPI notifications. Whenever there is a change in the registration application, the National Institute of Industrial Property (INPI) will send an email notification.
These notifications can also be used to follow the journey of your trade mark or other trade sign you may have registered, after registration.
Please consult the Justiça.gov website for more information on:
The rights granted by the Portuguese Institute of Industrial Property (INPI) are only valid in Portugal. If you want to protect a trade mark or other trade sign in another country, you must make a registration application abroad.
There are several ways to protect a trade mark outside Portugal. You can choose to register the trade mark:
- directly in the countries where you want to protect the trade mark, by consulting the contact list of international organisations to find out where to start
- in the European Union (EU)
- at an international level, with effect in countries which are part of the Madrid Union.
Applying to register a trade mark in the European Union
The registration application must be submitted to the European Union Intellectual Property Office (EUIPO). You can do this in any of the 23 official EU languages, including Portuguese, and specify a second language (English, French, Spanish, German or Italian).
Trade mark protection cannot be limited to certain European Union (EU) countries.
You can apply online (cheaper), or by submitting this form:
- by fax to +34 965 131 344
- by post, to European Union Intellectual Property Office, Reception Unit, Avenida de Europa, 4, E-03008 Alicante, Spain
- at the EUIPO reception desk (from 8:30 a.m. to 1:30 p.m.) at the European Union Intellectual Property Office, Avenida de Europa, 4, E-03008 Alicante, Spain.
If you have already applied for or registered an trade mark in a country outside the European Union (EU), you can apply for a trade mark through international registration where you designate the EU on the application form. This registration is made through the Madrid System and processed by the World Intellectual Property Organization (WIPO).
Once submitted, the application is examined by the European Union Intellectual Property Office (EUIPO) and, if there is nothing to prevent the registration, the trade mark is registered.
Applying to register an international trade mark
You can protect your trade mark in all Madrid Union countries or only in the countries you want. The trade mark will have the same protection in these countries as a trade mark in Portugal.
The registration application is made to the World Intellectual Property Organization (WIPO) through the National Institute of Industrial Property (INPI). To register an international trade mark you need to have the trade mark registered or the registration application submitted in Portugal.
If you prefer, you can apply on paper:
- at INPI, in person or by post
- at a Business Formality Centre
- at the Coimbra, Lisbon or Porto Commercial Registry.
To make the international application, you need to have the trade mark registered or a registration application submitted in Portugal. Then, you will need to present:
- the simple international registration form (completed on a computer or typed; does not include the United States)
- the form you must attach to the application for international registration if you want to protect the trade mark in the United States
- the form you must complete if you want the INPI to handle the process of transferring the registration to WIPO.