Contrastaria - Requesting the transfer of a sponsor mark

• Heirs/applicants who want to request transfer of the mark of responsibility in case of death or dissolution of the holder of the mark.

• Legal framework for the jewellery sector and Assay Offices – Law No 98/2015 (amended by Decree-Law 120/2017)

  Ministerial Implementing Order establishing the elements of evidence necessary for the approval of a sponsor mark – Ministerial Implementing Order No 333-B/2017 of 3 November

Request/communication filed incorrectly – Failure to complete one or more fields on the form which, in the case of mandatory fields, prevents the submission of the request/communication.

Unclear request/communication – A lack of data that prevents the proper assessment of the request/communication, as a result of the way in which it is written or erasures.

Request/communication submitted after the deadline – Submission of the request/communication after the set deadline.

Request/communication submitted by someone not empowered to act – The person concerned lacks the legal capacity to submit the request/communication or anonymous requests/communications.

Non-payment of the request/communication fee – Failure to pay any fee, charge or costs set for the request/communication.

Call for provision of information, access to files or issue of certificates

• Appeal to a higher body or to a supervisory body 
  • This should be addressed to the highest superior of the authority that issued the decision. If the author of the decision is the competent authority to make the decision, the appeal should be lodged with them.
  • If the appeal is required in order to bring an action before the administrative court, it should be lodged within 30 days of the applicant being notified of the decision. In all other situations, the time limit for lodging the appeal is the same as that laid down for filing a court action.
  • Where there are other interested parties, the author of the decision has 15 or 30 days to decide on the appeal and refer it to the competent body, which must provide its decision within 30 days of being referred the case. This period may be extended to up to 90 days.
  • When the appeal is required for bringing an action before the administrative court, the decision issued shall have no effect. In the case of an optional appeal, suspension of the decision shall only take effect if it is considered that its immediate enforcement would cause damage that is irreparable or difficult to redress for the operator lodging the appeal and if such a suspension would not cause greater harm to the public interest.
  • If an appeal to a higher body that was required for procedural purposes is dismissed or where no decision has been made within the time limit, the applicant may challenge the decision on their application before a court or assert their right to receive a decision on their appeal from the relevant authority.
• Administrative action
  • A special or common administrative action may be brought before the competent administrative court.
  • If the law states that a prior complaint or appeal is necessary, such measures must be taken before an administrative action is brought.
  • Special administrative actions may be brought where:

1. an authority has issued an unlawful decision;
2. an authority was required to issue a decision and failed to do so;
3. an authority was required to issue a standard and failed to do so.

• The deadlines for the interested party to bring an action are as follows:

1. 3 months after being notified of the decision, where the decision can be annulled;
2. at any time, when the decision is not valid or the authority failed to issue a decision that was required of it.
   • Until the court issues a ruling, the decision issued by the authority shall remain suspended, in particular where it concerns the payment of a certain sum not related to a fine and where a guarantee has been provided.
   • Common administrative actions may be brought where the decision has no special regulations for the following situations:
3. ordering the authority not to issue a decision where it is likely that the decision will adversely affect the rights of the person concerned;
4. ordering the authority to take the necessary steps to restore rights or interests that have been infringed;
5. civil liability of the authority and of the members of its agencies, officials or other staff;
6. order to pay damages where the decision issued by the authority gives precedence to the public interest;
7. interpretation, validity or performance of contracts.
   • Actions may be brought at any time, with the exception of claims to cancel contracts, which must be brought within 6 months of signing the contract or, in the case of third parties, of being notified of the contract.

• Ombudsman
  • You can file a complaint against the authority that issued the decision.
  • There is no set deadline to respond.
  • The decision issued by the authority cannot be amended.
• Complaints
  • You can lodge a complaint with the department that issued the decision within 15 days of being notified of that decision.
  • The authority has 30 days to reply to your complaint. Should this involve a complaint required for procedural purposes, and where no decision has been made within the time limit, the operator submitting the complaint may employ suitable legal means to seek a favourable decision.

It should be noted that when the complaint is required for subsequent submission in an administrative court dispute, the effects of the decision issued are suspended.

In the case of an optional complaint, suspension shall only take effect if the competent body considers that its immediate enforcement would cause damage that is irreparable or difficult to redress for the operator submitting the complaint and if such a suspension would not cause greater harm to the public interest.

Lisbon Assay Office

Address: Edifício Casa da Moeda - Avenida António José de Almeida, 1000-042 Lisbon

Telephone number: 21 781 08 70

Email: contrastarias@incm.pt

Hours: Monday to Friday, from 9.00 to 16.30

Website address: www.contrastaria.pt

Porto Assay Office

Address: Rua Visconde de Bóbeda, 4000-109 Porto

Telephone number: 21 781 08 70

Email: contrastarias@incm.pt

Hours: Monday to Friday, from 9.00 to 16.30

Website address: www.contrastaria.pt

Delegation in Gondomar

Address: Edifício Goldpark Gondomar, Rua Parque Tecnológico, s/n, 4420-330 Gondomar

Telephone number: 21 781 08 70

Email: contrastarias@incm.pt

Hours: Monday to Friday, from 9.00 to 16.30

Website address: www.contrastaria.pt