You will find here all the important information about filing trademarks, designs and patents.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Hague Agreement on Industrial Designs: NO.
Law 868/1981 and Decree Law 30007/1982 and Law 4798/12, as well as the Inter-American Convention on “Patents and Industrial Designs” (Buenos Aires 1910). Ratified by Law of 20 June 1917 and WTO ” Trade-Related Aspects of Intellectual Property Rights ” – TRIPS. Ratified by Law No. 444 of 10 November 1994.
6 months.
YES, one application for different embodiments. The application may include up to ten diversified examples of the design, provided that the products correspond to the same class and there is similarity among all.
- Power of Attorney, duly notarized.
- Drawings.
- Brief description of the design.
- Identification of applicant and designer.
YES.
NO.
- Filing.
- Formal examination.
- Publication.
- Granting.
YES. Oppositions may be filed within 60 business days from the publication date.
1 year.
5 years, counted from the filing date, plus 2 renewal terms of 5 years each.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Madrid System: NO.
Trademark Law 1294/98.
Nice classification, 12th edition.
NO.
Marks may consist of one or more words, motto, emblems, monograms, seals, vignettes, reliefs, names, fanciful word forms, letters and numbers in distinctive shapes or combinations and arrangements of colors, labels, containers and wrapping. Shapes, presentation or packaging of products or their containers or wrapping or the mode or place in which the corresponding products or service are provided are also included. This list is merely indicative.
- Power of Attorney duly notarised within 60 working days from the application date.
- Certified copy of priority application within 90 days from filing. The translation of the priority application must be signed by a local sworn translator.
- Absolute grounds for refusal: YES.
- Relative grounds for refusal: YES.
60 days from the last publication.
Approximately 12 months unless any obstacles were raised.
10 years from the date of registration.
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation is not possible.
1 year prior to renewal date.
6 months.
- Contracting Party of The Paris Convention: YES.
- Contracting Party of The Patent Cooperation Treaty (PCT): NO.
Patent Law 1630/2000 modified by Law 2593/2005, regulated by Decree Law 14201, modified by Decree Law 8069.
- Patent of Invention.
- Utility Model.
NO.
- PoA, merely signed (NO legalization) within 60 working-days from filing.
- Assignment document from the inventors merely signed (no legalization required) within 60 working-days from office action.
- Certified copy of priority application within 3 months from filing. The translation of the priority application must be signed by a sworn registered local translator.
Accepted. Late submission of the Spanish translation is possible within 60 working-days from office action. In such case, it must be a sworn translation by a registered local translator.
YES, within 3 years from filing date.
NO.
YES, before requesting of technical examination.
YES, before requesting of technical examination.
6 years.
20 years from filing date.
10 years from filing date.
UM suitable for utensils, instruments, tools, apparatus, devices, or any parts thereof but not to chemical products, methods or uses; lower threshold for inventive step.
Yearly, also during prosecution of the application.
NOT mandatory.
YES.