Best Trademark Lawyers in Coimbra

About Trademark Law in Coimbra, Portugal:

In Portugal, including the city of Coimbra, trademarks are regulated under the Industrial Property Code. They provide recognition of the exclusive right to a product, service, or logo, protecting it from unlawful usage by a third party. Establishing a trademark offers legal protection and adds commercial value to businesses. Any company, organization, or individual can apply for a trademark registration with the National Institute of Industrial Property (INPI).

Why You May Need a Lawyer:

Issues related to trademark registration, monitoring, infringement, or dispute resolution can be complex. Legal advice is beneficial when registering a new trademark to ensure comprehensive protection. You may find yourself involved in an infringement dispute either as the claimant or defendant. A lawyer can help resolve this as efficiently as possible. Additionally, businesses often employ trademark lawyers for due diligence during mergers, acquisitions, or franchising agreements to minimize intellectual property risks.

Local Laws Overview:

In Portugal, trademarks are protected both nationally and at the EU level. The key aspects of local laws include a requirement that the trademark is distinctive and does not directly describe the product or service. The trademark also should not deceive the consumer or violate public order or morality. Once registered with the INPI, trademarks are protected in Portugal for ten years and can be renewed indefinitely. Also, any trademark registered in EU is automatically protected in Portugal as it is a member state of the European Union.

Frequently Asked Questions:

1. How long does it take to register a trademark in Coimbra, Portugal?

In Portugal, it usually takes between 8-10 months to register a trademark if there are no objections or oppositions. However, preparation and filing require careful consideration and time.

2. Can I register an English-language trademark in Coimbra, Portugal?

Yes, trademarks can be registered in any language in Portugal. However, it may be beneficial to also register the Portuguese translation to ensure complete protection.

3. How can I check if my intended trademark is already registered?

You can search the database of INPI or European Union Intellectual Property Office (EUIPO) to verify if your intended trademark is already registered.

4. What happens if my trademark is violated?

The violation or infringement of trademark rights is a punishable offense in Portugal. Legal action can be initiated to stop the infringement and claim damages.

5. Can I sell or transfer ownership of my trademark?

Yes, like any other property rights, the right to a trademark can be sold, licensed or transferred with appropriate legal documentation.

Additional Resources:

The main authority for trademarks in Portugal is the National Institute of Industrial Property (INPI). For wider European trademarks, there is the European Union Intellectual Property Office (EUIPO). Both of their websites offer comprehensive information and resources. It can also be beneficial to refer to some international treaties that Portugal is a participant of, like the Paris Convention for the Protection of Industrial Property and the Madrid Agreement.

Next Steps:

If you need legal assistance in Trademark, contact a specialized lawyer or a law firm experienced in intellectual property law in Coimbra or Portugal. Prepare by gathering all relevant documents, including your brand's logos, names, designs and proof of usage. It's also imperative to conduct a comprehensive trademark search before filing your application to ensure your proposed trademark is not already in use.