As a member of the European Union and a key gateway to Southern Europe and Portuguese
-speaking markets, Portugal has a standardized and internationally compatible trademark
registration system, which is governed by the Industrial Property Code (Decree-Law 110/
2018) and administered by the Portuguese National Institute of Industrial Property (INPI).
With clear registration rules, efficient digital processes and perfect protection mechanisms,
Portugal provides a stable and reliable environment for global enterprises and individuals
to register and protect trademarks. This article focuses on the core knowledge, latest
policies, application processes and key precautions of Portuguese trademark registration,
helping global applicants smoothly complete the registration process and safeguard their
brand rights.
First, the basic conditions for trademark registration in Portugal are clear and transparent.
The registrable trademark elements include words, personal names, letters, numbers,
graphics, color combinations, three-dimensional shapes, sounds and other distinctive signs
that can distinguish goods or services. The core requirement for registration is
distinctiveness: trademarks must be able to clearly distinguish the applicant’s goods or
services from those of other operators. Marks that are descriptive, generic, customary in the
industry, or lack distinctive features will be refused registration on absolute grounds.
However, applicants can overcome this refusal by proving acquired distinctiveness—that is,
the mark has gained secondary meaning through substantial and consistent use in Portugal
over a reasonable period of time.
Regarding applicant qualifications, both natural persons and legal persons at home and
abroad can apply for trademark registration in Portugal. For foreign applicants who have no
domicile, main place of business or real and effective industrial and commercial enterprise in
Portugal, they must entrust a specialized local agent registered with INPI to handle the
registration matters. In addition, foreign applicants are required to submit a certificate proving
that the trademark has been applied for registration or granted registration in their country of
origin when submitting the application, to ensure the legitimacy of the application source.
Portuguese citizens, enterprises and other entities with a domicile or place of business in
Portugal can directly apply without entrusting an agent, but it is still recommended to
cooperate with professional agents to improve the registration efficiency.
In terms of classification standards and application methods, Portugal adopts the 10th
Edition of the Nice Classification (Note: The latest practical standard is subject to INPI’s
official notice) and accepts multi-class applications, allowing applicants to cover multiple
categories of goods or services in a single application, which greatly simplifies the registration
process and reduces administrative costs. Applicants can choose three registration methods
according to their own needs: single-country registration (directly applying to INPI), EU
trademark registration (covering Portugal and other EU member states), or Madrid
international registration (designating Portugal through WIPO’s centralized filing system).
Among them, the Madrid international registration is particularly suitable for multinational
enterprises that need to layout trademarks in multiple countries, which can reduce the
administrative burden of separate national applications.
The trademark registration process in Portugal is standardized and efficient, and the whole
process is fully digitized. Applicants can submit applications, track progress and exchange
documents through INPI’s official online portal, and can also choose to submit paper
applications by mail or in person. The specific process is as follows: 1. Pre-application
preparation: Conduct trademark search to avoid conflicts with existing trademarks, sort out
application materials, and confirm the scope of goods or services; 2. Application submission:
Submit the application to INPI and pay the corresponding fees; 3. Formal examination: INPI
reviews the completeness and standardization of the application materials within 1-2 weeks,
and issues a notice of correction if the materials are incomplete; 4. Publication: After passing
the formal examination, the trademark will be published in the Industrial Property Bulletin, and
a 2-month opposition period will start from the publication date—any interested party can put
forward an opposition on the grounds of prior trademark conflict, lack of distinctiveness,
malicious registration, etc.; 5. Substantive examination: If there is no opposition or the
opposition is not established during the opposition period, INPI will conduct a substantive
examination within 3-5 months, focusing on examining the distinctiveness of the trademark,
whether it violates the prohibitive provisions, and whether it conflicts with prior rights; 6.
Registration and certificate issuance: If the substantive examination is passed, the trademark
will be approved for registration, and INPI will issue a registration certificate. The average time
from application to registration is 4-6 months for smooth cases, and may be extended if there
are rejections or oppositions.
The latest policies and key precautions for registration need to be paid special attention to
by applicants. 1. Validity and renewal: The validity period of a registered trademark in Portugal
is 10 years, calculated from the date of registration; renewal can be applied for within 6 months
before the expiration date, with a 6-month grace period (additional fees are required for
renewal during the grace period), and each renewal is valid for 10 years. 2. Use requirement:
A trademark that has not been used for 5 consecutive years after registration may be applied for
revocation by a third party, so applicants need to retain evidence of trademark use in time. 3.
Priority claim: As a member of the Paris Convention, Portugal recognizes the priority of
trademark applications—applicants can claim priority within 6 months from the date of the first
application in their country of origin, and need to provide a priority certificate when applying. 4.
Prohibited marks: Trademarks that are deceptive, contrary to public order and good customs,
identical or similar to prior registered trademarks, or use national emblems, state symbols,
religious insignia or royal names without authorization are strictly prohibited from registration.
The required materials for trademark registration are relatively simple and clear, and applicants
need to prepare the following documents: 1. Clear trademark pattern (in electronic or paper form,
meeting INPI’s specification requirements); 2. Detailed list of goods or services, accurately
classified according to the Nice Classification; 3. Applicant’s information: legal name, address
(in Portuguese or English), nationality (for foreign applicants); 4. Power of attorney (original),
which needs to be notarized if required by INPI; 5. Priority certificate (if priority is claimed); 6.
Certificate of trademark registration or application in the country of origin (for foreign applicants).
In terms of registration fees, INPI implements a standardized charging standard, which is mainly
divided into electronic application and paper application fees, and the fees vary according to the
number of categories applied. The specific fee standard is subject to INPI’s official
announcement, and applicants can inquire about the latest fee information through INPI’s official
channel before applying. It should be noted that the fee is non-refundable once paid, so it is
particularly important to conduct a full trademark search before applying to avoid application
rejection due to conflicts.
In conclusion, the trademark registration system in Portugal is standardized, efficient and foreign-
friendly, providing convenient conditions for global applicants to protect their brands. For
applicants who intend to register a trademark in Portugal, it is crucial to grasp the basic registration
knowledge, abide by the latest policies, prepare materials in accordance with the requirements,
and conduct pre-application searches. By choosing a suitable registration method and cooperating
with professional local agents, applicants can effectively improve the success rate of registration,
shorten the registration cycle, and establish a solid brand protection barrier in Portugal and even
the EU and Portuguese-speaking markets.
Hyperlink List：
● IPcrossark:
IPcrossark—Reliable IP Registration Platform | Trademark, Patent & Copyright Help
● INPI Portugal – Trademark Registration:
https://inpi.justica.gov.pt/Portuguese-Institute-of-Industrial-Property
