Portugal operates a national trademark regime governed by the Industrial Property Code (Código da Propriedade Industrial, CPI), approved by Decree-Law No.110/2018. The Instituto Nacional da Propriedade Industrial (INPI) serves as the exclusive administrative authority responsible for trademark examination, registration and trademark dispute procedures. Different from European Union Trade Marks (EUTM), a Portuguese national trademark only generates exclusive rights within Portuguese territory and cannot automatically extend protection to other EU member states. Enterprises entering the Iberian market need to distinguish between national registration, EU trademark registration and Madrid international registration to formulate brand protection strategies.

Portugal follows the first-to-file principle, which means trademark rights are primarily obtained through registration. Unregistered trademarks receive extremely limited protection under domestic law. Only well-known trademarks recognized under the Paris Convention can obtain partial protection without registration. Ordinary unregistered brand users merely enjoy a six-month priority window against subsequent conflicting applications. Once this period expires, prior users cannot block third-party trademark registration merely based on market use. This rule is critical for overseas merchants; many Chinese brands mistakenly rely on cross-border e-commerce sales records and ignore advance trademark filing, resulting in trademark hijacking risks in Portugal.

Signs eligible for registration under Portuguese trademark law cover multiple categories: word marks, figurative marks, combined marks, three-dimensional marks, color marks and sound marks. The core registration threshold is distinctiveness. Descriptive terms, generic names and direct indicators of product origin cannot be registered unless the applicant proves that the sign has acquired distinctive character through long-term commercial use. Meanwhile, signs violating public morality, national symbols, geographical indications and protected plant varieties are absolute grounds for refusal and cannot be overcome by evidence of use.

After an application passes formal and substantive examination, INPI publishes the trademark application in the Official Industrial Property Bulletin. Any interested third party may file an opposition within two months from the publication date. Under special circumstances, the opposition period can be extended for one additional month. Opposition is the main administrative procedure to block malicious registration. Common opposition grounds include likelihood of confusion with prior trademarks, infringement of copyright, violation of trade name rights and bad-faith filing. If the opposition succeeds, the trademark application will be rejected; if dismissed, the trademark proceeds to registration.

A registered Portuguese trademark is valid for 10 years starting from the filing date, and it can be renewed indefinitely. Renewal applications must be submitted within the final six months of the protection term. A grace period of six months is available after expiry, but late renewal incurs additional official surcharges. The most high-risk compliance rule for trademark owners is five-year genuine use requirement. If a trademark remains without genuine commercial use in Portugal for five consecutive years after registration, any third party can initiate cancellation proceedings before INPI. Mere token use, such as isolated product listing without real sales, cannot constitute valid genuine use recognized by administrative authorities and courts.

When assessing trademark infringement, Portuguese courts adopt the likelihood of confusion standard. Plaintiffs do not need to provide evidence of actual consumer confusion; judges evaluate visual, phonetic and conceptual similarity of trademarks, together with the similarity of goods and services, and the attention level of average consumers. For trademarks with reputation in Portugal, expanded protection applies. Even for non-similar goods or services, third-party use of identical or similar signs is prohibited if such use improperly gains benefits from the trademark’s reputation or damages its distinctive character.

Acquiescence constitutes a vital infringement defense in Portuguese trademark litigation. If the trademark owner knowingly tolerates the use of a conflicting registered trademark for five consecutive years, the owner loses the right to claim cancellation or file infringement lawsuits against the later trademark. This regulation reminds right holders to monitor market copycat activities continuously and initiate legal remedies timely. In addition, trademark assignment and exclusive licensing must be recorded with INPI. Unrecorded transfer agreements cannot oppose third parties in good faith.

In cross-border commercial practice, many applicants confuse national trademarks with EU trademarks. Portuguese national trademarks cannot be converted into EUTMs automatically. However, applicants can claim priority when switching registration channels. For non-European applicants, appointment of a local authorized industrial property agent is mandatory. Direct filing without a Portuguese representative will lead to procedural rejection by INPI.

In recent years, Portuguese IP authorities have strengthened cooperation with EUIPO to coordinate standards on distinctiveness assessment and well-known trademark recognition. Nevertheless, national trademark disputes still follow domestic procedural rules. For international enterprises deploying brands in Portugal, conducting preliminary trademark searches before filing, planning continuous local commercial use, and monitoring published applications for potential conflicts are essential measures to stabilize trademark rights.

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