Melhores Advogados de Marca registrada em Lisboa

About Marca registrada Law in Lisboa, Portugal

A marca registrada in Portugal protects a word, logo or slogan that identifies goods or services. Registration grants exclusive rights to use the mark in commerce within Portugal and deters others from using a confusingly similar sign. In Lisbon, the national IP office INPI handles registrations, oppositions and renewals for national marks.

Lisbon-based businesses often combine national, EU and international strategies to protect their brands. You can register a national mark with INPI, apply for an EU trade mark with EUIPO, or pursue international registration through the Madrid Protocol via WIPO. The process generally includes a clearance search, examination, possible opposition, and publication.

Protection lasts ten years from the filing date and can be renewed indefinitely in ten-year periods. Renewal and evidence of use are essential to maintain rights, especially for marks with widespread commercial activity in Lisbon and across Portugal.

Portugal's national trademark protection lasts 10 years from filing and is renewable indefinitely for successive 10-year periods.

Source: INPI Portugal.

Why You May Need a Lawyer

In Lisboa, a lawyer who specializes in marcas registradas can help you navigate local procedures and avoid common pitfalls. The following real‑world scenarios illustrate concrete needs.

• Conducting a comprehensive clearance search before filing a new brand in Portugal - A local attorney can assess existing Portuguese and European marks to prevent conflicts with your chosen name or logo, saving time and costs later in litigation or opposition. This is crucial for Lisbon startups launching in crowded consumer goods categories.
• Preparing and filing a national mark application with INPI - A lawyer ensures correct classification under the Nice system, accurate translations if needed, and complete evidence of use where required, reducing the risk of refusal.
• Responding to an opposition or a cancellation action in Portugal - When a third party opposes your mark or seeks a later cancellation, an attorney can craft a strategic reply, gather supporting evidence, and represent you in hearings or administrative proceedings.
• Enforcing a mark against infringing use or counterfeit activity in Lisbon - A lawyer can advise on administrative measures and civil actions, including injunctions, and coordinate with local authorities when enforcing rights in retail or online channels.
• Expanding protection to EU-wide or international markets - If you plan to protect the brand across the EU, an attorney can manage EUIPO filings and, if needed, Madrid Protocol registrations via WIPO to reach Portugal and other jurisdictions.
• Drafting licensing or franchising agreements tied to a registered mark - A lawyer helps with quality control clauses, royalty structures and compliance to avoid misuse that could jeopardize your mark in Lisbon and beyond.

Local Laws Overview

The national framework governing trademarks in Portugal is centered on the Código da Propriedade Industrial (CPI). The CPI sets out registration rules, duration, renewal, and enforcement mechanisms for marks in Portugal and Lisbon courts. A local attorney can explain how CPI provisions affect your specific brand strategy and enforcement options.

For EU-wide protection, Regulation (EU) 2017/1001 governs EU trade marks, which Portugal implements through EU law. In practice, a mark registered with EUIPO offers protection across all EU member states, including Portugal, with centralized and counterpart rights in Lisbon courts.

Regulation (EU) 2017/1001 provides harmonized rules for EU trade marks across member states including Portugal.

Source: EUIPO.

International registrations can extend protection to Portugal via the Madrid Protocol. This allows you to designate Portugal in an international mark registration through WIPO, then manage the process with INPI as the local office for Portuguese protection.

The Madrid Protocol enables international registration and subsequent designation of Portugal in a single application.

Source: WIPO Madrid Protocol.

The Nice Classification is used to classify goods and services in trademark filings. Aligning your classes with the latest edition helps avoid overlaps and delays in Lisbon and other jurisdictions.

Nice Classification is the international standard for classifying goods and services in trademark filings.

Source: WIPO Nice Classification.

Frequently Asked Questions

What is a trademark and what protection does it provide in Portugal?

A trademark is a sign that distinguishes goods or services. Registration grants exclusive use in Portugal and can prevent others from using a similar mark in the same class. Enforcement includes civil actions and administrative measures in Lisbon courts.

How do I search for existing marks before filing in Lisbon?

Start with INPI's online search tools and consider a professional clearance search conducted by a lawyer. This helps identify conflicting marks and reduces the risk of refusal or oppositions.

What is the cost to register a national trademark in Portugal?

Costs include government fees for filing and renewal, plus any legal fees for counsel and search reports. INPI’s website lists current filing fees, which vary by class and services requested.

How long does a trademark registration take in Portugal?

From filing to grant, the process typically takes several months if there are no oppositions. IT may extend if oppositions arise or if additional information is required by INPI.

Do I need a Portuguese lawyer to file a national mark?

While not mandatory, a lawyer improves filing accuracy, class selection, and response handling in case of oppositions or refusals. Local expertise speeds up the process in Lisbon and reduces risk.

What is required to renew a Portuguese trademark?

Renewal is due every ten years and can be filed before expiry. A renewal must be completed with the appropriate INPI forms and any necessary proof of use.

Can I register an EU trademark from Lisbon for protection in Portugal?

Yes. An EU trade mark filed with EUIPO provides protection in Portugal and other member states. Renewal and enforcement are coordinated at EU level and through local courts in Lisbon.

What is the difference between a national and an EU trademark?

A national mark protects only within Portugal, while an EU mark covers all EU member states. EU marks require central management of renewal and potential oppositions across the EU.

How do oppositions work in INPI for Portugal?

An opposition can be filed by a third party during the publication stage. You must respond with arguments and evidence within a specified deadline, often with counsel present.

Do I need a licensed agent to file online in Portugal?

No legal requirement mandates a licensed attorney, but many applicants hire a solicitor or attorney to ensure proper filings and to manage communications with INPI.

How much can a trademark dispute in Portugal cost?

Costs vary with complexity, including attorney fees, expert searches and potential court costs. Simple oppositions are less expensive than multi‑year litigation in Lisbon courts.

Is it possible to register a mark with non-Latin characters in Portugal?

Portugal allows marks in various scripts, provided they are distinctive and registrable in class, but you must demonstrate use and maintain evidence in filings when necessary.

Additional Resources

• INPI Portugal - Instituto Nacional da Propriedade Industrial; national trademark registrations, searches, oppositions and renewals in Portugal. https://www.inpi.pt
• EUIPO - European Union Intellectual Property Office; EU trade marks and enforcement across the EU including Portugal. https://euipo.europa.eu/ohimportal/pt
• WIPO - World Intellectual Property Organization; Madrid Protocol and Nice Classification guidance for international registrations and classifications. https://www.wipo.int

Next Steps

1. Define your branding and product classes clearly, focusing on where you will sell in Portugal and Europe. Set a realistic budget for legal help and filings.
2. Perform an initial clearance search with INPI and, if needed, a professional search through a trademark attorney in Lisboa to assess conflicts.
3. Decide on the protection strategy: national Portugal, EU-wide with EUIPO, or international via Madrid Protocol with WIPO.
4. Contact 2-4 trademark lawyers in Lisbon for consultations; request a checklist of required documents and estimated timelines.
5. Prepare and collect documents: applicant details, logo/word mark samples, product/service classes, and proof of use if applicable.
6. Have a written retainer or engagement letter with your chosen attorney, outlining fees, scope, and milestones.
7. File the appropriate application and monitor the process; respond promptly to any objections or oppositions to minimize delays.