Trademark Registration in Portugal

A strong brand acts as a shield against imitations and the key to gaining consumer trust. Your brand, made up of your company name and logo, represents the essence of your identity. It differentiates you from the competition and shapes customers’ perception of your business. Registering your brand with the National Institute of Industrial Property (INPI) is a strategic investment that grants legal protection, strengthens your market position and safeguards the reputation you worked so hard to build.

This guide provides the information you need to successfully navigate the trademark registration process in Portugal.

Types of registrable trademarks

The National Institute of Industrial Property (INPI) is the entity responsible for registering trademarks in Portugal. It is possible to request registration online through the ePortugal portal: https://eportugal.gov.pt/, saving time and resources.

You can register different types of brands with INPI, including:

• Word marks: Composed only of words or letters.
• Figurative marks: Composed of graphic elements (symbols, drawings, etc.).
• Sound marks: Composed of sounds or melodies.
• Three-dimensional brands: Composed of the three-dimensional shape of the packaging, the product or its logo.
• Collective marks: Used by an association of companies to identify products or services of members of that association.
• Certification marks: Guarantee the quality, characteristics, geographic origin or other aspects of certain products or services.

Trademark registration process

The trademark registration process with INPI involves the following steps:

1. Previous search: Carry out an exhaustive search in the INPI trademark database to ensure that the trademark you wish to register is not already in use by another company.
2. Registration request: Complete the online order form on the ePortugal portal, including detailed information about your company, the brand (name, logo and description) and the classes of products or services to which it is associated according to the Nice International Classification.
3. Payment of fees: Pay the fees associated with the registration application.
4. Formal exam: INPI analyzes the request to verify whether it meets the formal requirements.
5. Noun exam: If the application passes formal examination, the INPI verifies that your brand does not infringe the rights of previously registered brands.
6. Registration and publication: If your brand passes both exams, it will be registered with the INPI for a period of ten years. The registration will be published in the Industrial Property Bulletin.
7. Renovation: To maintain legal protection, you must renew your registration every ten years by paying the corresponding fees.

Additional recommendations

• Carefully select product or service classes: Choosing the correct classes is crucial to ensure complete protection of your brand.
• Consider registering a combined trademark: If your trademark combines graphic and verbal elements, register it as a combined trademark to obtain protection over both elements.
• Protect your brand internationally: If you have internationalization plans, consider registering your brand with the industrial property institutes of the countries where you intend to operate.
• Monitor your brand: Monitor the INPI database to detect possible violations of your trademark.

Protect your Brand in Portugal

Portugal offers a dynamic but competitive business environment. Your brand, made up of name and logo, is the essence of your identity. Registering it with the National Institute of Industrial Property (INPI) is crucial.

Protection and Benefits:

• Legal exclusivity to use your brand in Portugal.
• Increases customer confidence by associating your brand with quality.
• It differentiates you from the competition and allows for premium pricing.
• It establishes a solid foundation for the future of your company.

Simplified Process:

1. Previous search: Check if the brand is available.
2. Order online: Complete the form on ePortugal (https://eportugal.gov.pt/), including details of the brand and product classes (Nice Classification).
3. Fees and Exams: Pay the fees and INPI analyzes the application regarding its form and similarity with existing brands.
4. Trademark registration in Portugal and Renewal: After approval, the brand is protected for 10 years, renewable for fees.

Strengthening your Brand:

• Careful choice of product classes.
• Consider combined trademark registration (name and logo).
• Protect your brand internationally if necessary.
• Monitor the INPI database to detect violations.

By registering your brand, you invest in the future of your company and protect yourself against imitations, conquering the Portuguese market with confidence.

Final considerations

Registering your brand is an important step towards protecting your business identity and ensuring your success in the market. By following the guidance in this guide, you will be well on your way to a successful trademark registration process in Portugal.