TM Registration in Portugal

Registration of TM in Portugal is undertaken at the National Institute of Industrial Property (INPI), located in the capital of the country. The fundamental legislative act overseeing the regulation of trademarks (TM) in Portugal and legal relations in this area is the Industrial Property Code. This record serves as the main act for regulating the sequence for enrolling and safeguarding TMs in the polity, for generating the prerogatives and onuses of subjects of legal relations.

Official registration of a trademark in Portugal establishes for its legal proprietor the exclusive prerogative to use it within the borders of this country. This prerogative covers the possibility of using the TM for mercantile aims, including, but not limited to, selling goods or providing aids under this brand, defense against unauthorized use or counterfeiting by third parties. The TM enrollment provides the proprietor with the prerogative to protect it in court, to apply administrative measures against violation of his prerogatives, including filing complaints with the relevant overseers, such as INPI.

Why is it prime to register a trademark in Portugal?

For mercantile organizations, a brand ceases to be solely an element of visual identification and is transformed into one of the fundamental assets that plays a key role in corporate strategy and ascertaining competitive advantages. In modern market metrics, a brand is not just a graphic sign or symbol, but an integral system that includes a set of perceptions, emotional responses and associative connections that are formed in consumers when interacting with an organization.

The brand is the primary object of perception by customers, directly determining their first impression of the firm. It is an integration of visual, cognitive and sensory elements, forming a unique experience that remains in the memory and consciousness of the consumer. The brand acts as a kind of communicator, transmitting the corporate message: how the organization provides its items or aids, what unique qualities and benefits it offers to its customers, and its approach to trading. It is prime to note that a strong brand contributes not only to increasing the firm's recognition in the market, but also to the formation of trust, loyalty and emotional connection with consumers, which significantly affects the financial results and strategic development of the organization. Accordingly, registering a trademark in Portugal is the main tool for strengthening competitive positions.

TM in the polity is used to ascertain licit defense of unique designations linked with items or aids, and serves as a tool for differentiating the goods/aids of a specific mercantile entity from similar ones offered by competitors on the market. Trademark enrollment (TM) in Portugal gives the prerogative to exclusive use of the TM in a certain area, which, in turn, prevents the possibility of its use by third parties without the permission of the copyright proprietor.

In the polity, TMs can be enrolled in various forms, each requiring distinct design elements and specific methods of use. A word mark consists of textual elements such as individual words, letters, numbers, or their combinations, commonly seen in slogans, phrases, and abbreviations that serve as unique brand identifiers. A figurative mark refers to a purely visual symbol without any textual components, including logos, emblems, or other graphic elements that distinguish a brand via their unique visual characteristics.

Another category is the three-dimensional (3D) mark, where the shape of an item or its packaging is enrolled as a TM, allowing consumers to associate the physical appearance of an item with a particular brand. A sound mark, also, is contingent on auditory elements such as melodies, jingles, or distinct sound signals, which help establish brand recognition via sound.

A multimedia mark incorporates a combination of media elements such as video, sound, and images, creating dynamic brand content that enhances consumer engagement. Similarly, an animated mark uses motion-based elements to establish a visually distinctive and memorable brand identity. Lastly, a holographic mark employs three-dimensional imagery that changes contingent on the viewing angle, adding a layer of innovation and uniqueness to brand representation.

Each of these TM forms plays a crucial role in strengthening brand distinctiveness and ascertaining recognition within the Portuguese market.

TM enrollment provides licit firms with legitimate grounds to defend their licit positions and exercise their legitimate claims in the face of unlawful appropriation or exploitation of their intellectual property (IP).

By the way, a significant step in the development of licit directive was the expansion of categories of non-traditional TMs. The abolition of mandatory graphic representation made it possible to register sound, holographic and multimedia marks, which allows brands to effectively differentiate themselves in oversaturated markets. This is especially relevant for such areas as the entertainment industry, gaming techs and E-commerce, where branding is no longer limited exclusively to traditional visual elements.

How to register a TM in Portugal ?

TM enrollment in Portugal is overseen by the INPI. Enrollments can be conveyed either electronically via the regulator's online portal or in physical format. To be processed, the enrollment must be fulfilled and accurate, containing comprehensive details about the item or service and relevant documentary evidence demonstrating abidance with classification norms. Once the enrollment is conveyed, the overseers conduct an examination, and if no objections arise, the TM is officially enrolled within the designated time frame.

There are also two alternative routes for securing TM defense beyond the polity’s national system. The first is via the European Union Intellectual Property Office (EUIPO), which enables mercantiles to register a TM across all EU member states simultaneously. This approach streamlines IP safeguarding within the European Economic Area and benefits from unified enrollment norms, providing consistency and predictability throughout the sequence.

The second option is the Madrid System, administered by the World Intellectual Property Organization (WIPO). This mechanism allows a TM to be enrolled in multiple areas with a single transnational enrollment. The polity's participation in this system grants mercantiles greater flexibility in expanding their TM defense worldwide while avoiding the complexities linked with individual national enrollments in multiple jurisdictions. This route is particularly advantageous for companies seeking transnational brand security without navigating numerous separate licit frameworks.

From a cost perspective, national trademark registration in Portugal is generally more affordable. However, enforcing TM prerogatives at a later stage may require additional financial investment. The most suitable approach to TM enrollment depends on a firm’s trade model and long-term objectives. Enterprises focused solely on the Portuguese market may find national enrollment sufficient, whereas those with transnational ambitions should weigh the advantages and potential challenges of securing defense via EUIPO or WIPO. A well-planned licit strategy not only safeguards a brand but also minimises financial risks and licit disputes linked with IP enforcement.

TM enrollment sequence

The enrollment is a multi-stage sequence, regulated by the provisions of the Código da Propriedade Industrial and subordinated to the INPI. It begins with the filing of an enrollment, accompanied by a detailed description of the mark, codification of goods and aids according to the Nice Classification, payment of the established fees, preliminary verification of the mark for abidance with the formal and material needs overseeing the defense of TMs. Formal criteria include abidance of the conveyed documentation with the established design norms, while material criteria cover such aspects as the uniqueness and distinctiveness of the mark, the absence of conflicts with enrolled prerogatives, abidance with public order and morality. Below are detailed explanations of the stages of registration of a trademark in Portugal.

At the enrollment analysis stage, INPI undertakes a comprehensive check: an analysis is undertaken on the existence of previously enrolled TMs similar or identical to the claimed mark. This includes a study of verbal, graphic, sound and other identifying characteristics. It is prime to establish whether the claimed mark is similar to transnationally known marks.

INPI experts analyze whether an enrollment for registration of a TM in the Portuguese Republic is admissible from a licit point of view, whether it contains elements considered as commonly used, descriptive terms. This is prime, since the mercantile use of such signs may violate the principles of exclusivity and uniqueness provided by statute. The examination includes checking for the presence of words, symbols, and other elements that, according to current legislation, are prohibited from enrollment, namely, elements that are contrary to public order, moral norms, and the prerogatives of third parties.

In case of successful examination of the enrollment for TM, the record is subject to mandatory publication in the official INPI Bulletin. From the moment of publication of the record, within 30 days, third parties who believe that the provision of defense to the said mark affects their legitimate interests or contradicts the current statute, are given the opportunity to initiate the sequence of formal challenge by filing an objection in the established manner.

The sequence of objections to the registration of a trademark in the Portuguese Republic is a mechanism for protecting the interests of both enrollers and other firms operating in the field of IP. It plays a key role in ascertaining a licit balance between various market participants and preventing possible conflict situations related to the prerogatives to TM. During the opposition sequence, various licit actions are possible, among the main ones are filing objections regarding the similarity of marks, their potential confusion with previously enrolled ones, in case of violation of the prerogatives of third parties to use identical or similar TM in similar trade areas.

If there are no objections after the publication of the enrollment, the sequence of registration of the TM in Portugal will be fulfilled in a relatively short time. According to the regulated sequences, the estimated time period for the sequence from filing an enrollment to the official registration of a trademark in the Portuguese Republic is from four to six months. The duration is influenced by a number of elements, such as the absence of objections from interested parties, the absence of other circumstances that impede or slow down the enrollment sequence, including, but not limited to, administrative delays, additional requests from competent overseers or disputes arising during the examination of the enrollment.

When registering a TM in Portugal, several key details must be provided to ascertain the enrollment is fulfilled and licitly valid:

• Among the primary needs is a comprehensive description of the TM, which should include a graphic representation in the correct format. If applicable, additional details about its design, specific colours, and distinctive elements must also be outlined to clearly differentiate it from other existing TMs.
• Another crucial aspect of the enrollment sequence involves specifying the classification of goods or aids linked with the TM. The enroller must precisely list all relevant categories to guarantee the TM’s licit defense aligns accurately with its intended use. Any omission or inaccuracy in classification could lead to complications or limitations in enforcing TM prerogatives.
• Also, the TM proprietor’s personal details must be conveyed. This includes the official name of the licit entity, its trade structure (such as a sole proprietorship or corporation), and essential contact record, including a mailing address, telephone number, and email. Providing a fulfilled and accurate record is vital for ascertaining a smooth enrollment sequence and securing comprehensive licit defense for the TM.

Also, depending on the characteristics of a particular TM, such as its shape, structure or the presence of other unique elements, the list of required records may be expanded with additional records. Namely, if a TM is a combination of sounds or smells, it will be compulsory to submit additional materials confirming these characteristics. Evidence of the legality of the TM disposal may be requested if the enrollment is filed on the basis of the existing use of the mark on the market. In the case of filing an enrollment for a collective or certification mark, it is compulsory to provide record on the ordinances for using the mark and other metrics for its use that ascertain abidance with established norms.

In case of the intention to register a trademark in Portugal, the patent enrollment must contain a postal address for correspondence, which will be used to send official notifications, decisions and other communications to the enroller related to the enrollment. The enrollment must indicate the name and contact details of the enroller's representative if it is conveyed via a patent attorney, licit entity or other authorized organization. Submission of the enrollment via the above-mentioned persons requires a notarized power of attorney confirming the authority of such representative.

form in Portugal.

The term of the exclusive property right to a trademark (TM) in Portugal is 10 years. After the expiration of the specified period, the proprietor has the prerogative to renew the TM registration in Portugal for a similar period (unlimited number of times), subject to abidance with the prescribed sequence and payment of the established fees. To undertake the renewal, it is compulsory to pay the fee within strict time constraints, the amount of which and the terms of payment are regulated by current directives.

Late payment or failure to pay this fee entails the loss of exclusive prerogatives to the TM, which in turn may lead to the loss of all prerogatives linked with the use of this sign, and, as a consequence, to the disappearance of licit defense of the brand, loss of mercantile advantage, and the inability to obtain protection of IP rights in Portugal in the event of illicit copying. The loss of prerogatives to the TM may significantly undermine market positions, affect the value and stability of the firm's mercantile assets.

The legislative system recognizes a separate group of designations that can be independent objects of exclusive prerogatives and are subject to appropriate licit defense. This is the registration of a logo (logótipo) in Portugal. Logos are specific visual elements with distinctive elements intended to individualize corporate or natural persons engaged in entrepreneurial activity, or other mercantile firms, and not specific goods/aids produced or provided by these firms.

These graphic symbols play a key role in building a brand and forming its recognition in the market, providing a clear differentiation of participants in mercantile transactions. According to national legislation, logos can be protected as IP objects, providing their proprietors with exclusive prerogatives to use, the ability to file licit claims in case of violation by third parties. To understand in detail the elements of their enrollment and defense, it is advisable to request licit advice on logo enrollment in the polity.

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Who can register a TM in Portugal?

According to the statute, the prerogative to register a trademark in Portugal is available to any person with licit capacity, whether a mercantile entity or an individual, who intends to identify and differentiate their own goods or aids by means of a unique designation. The prerogative to file an enrollment is granted, in particular:

• industrial production firms and manufacturing enterprises;
• mercantile organizations engaged in trading activities, including import-export operations;
• agricultural producers, agricultural associations and farmers;
• authors, craftsmen, artisans and other persons engaged in the creation of items within the framework of individual or collective entrepreneurship;
• mercantile firms provide aid in various areas, including consulting, IT, the financial sector, transport and logistics.

Foreign enrollers who are not residents of the polity have the prerogative to file enrollments for registration of a TM in Portugal via an official representative, who must be an INPI-accredited patent attorney. Foreign firms are subject to additional onuses, such as abidance with procedural formalities and the submission of records proving licit capacity in their jurisdictions.

Search before registration of TM in Portugal

The search before registering a trademark (TM) in Portugal is a strategically prime stage. This stage is aimed at conducting a thorough check of existing marks to confirm the absence of identical or similar ones to the one claimed, which helps to minimize the risks of licit conflicts and disputes. The initial stage of this sequence includes a comprehensive and detailed analysis of existing TMs in the official INPI database.

Not only enrolled marks must be considered, but also those that are pending enrollment or may be covered by prerogatives arising from use in Portuguese territory. This is a prime step to prevent violation of the legitimate interests of third parties, it allows to exclude the situation where the applied mark may fall into the category of prohibited ones. This analysis includes an assessment of the probability of refusal to register a trademark in the Portuguese Republic if it is similar to existing marks in the same or related item categories. Preliminary verification allows not only to avoid licit risks, but also to optimize the costs of possible licit proceedings in the event of detection of IP prerogatives violations.

Refusal to register TMs in the Portuguese Republic

Taking into account the elements that may serve as grounds for refusal to register a TM in Portugal is of particular licit and mercantile importance. Neglecting these aspects significantly increases the risk of adverse financial consequences for the enroller. In particular, refusal to register prerogatives to a TM in Portugal means the loss of all investments made in the enrollment sequence, which forces the licit entity to either start the sequence over again, eliminating the identified licit and formal deficiencies, or to incur additional costs linked with re-submission of records and licit advice.

Also, a refusal to register a trademark in Portugal may affect the firm's long-term strategic guidelines, in particular, its plans for expansion into the transnational market. The presence of a enrolled TM is the basis for licit defense of IP, guaranteeing exclusive prerogatives to use the brand in mercantile circulation and preventing the illicit distribution of similar designations by competitors. In turn, the lack of enrollment may deprive the firm of the opportunity to effectively protect its interests in the event of disputes, which threatens not only the reputation, but also the financial stability of the mercantile.

When analysing the TM enrollment sequence, it is prime to take into account the linguistic elements of the Portuguese market. In particular, adapting the name and elements of the brand to cultural and linguistic preferences helps to avoid negative associations and misunderstandings. Underestimation of these elements can lead not only to a refusal to register, but also to significant reputational and mercantile risks.

The following signs cannot be enrolled as TM in region:

• elements that are commonly used in mercantile language, including standard forms, including elements that exclusively or predominantly describe the characteristics or elements of goods/aids (their properties, purpose, etc.);
• capable of misleading consumers regarding the characteristics of items and aids, such as their origin, quality, type, production method or other essential elements, which entails a violation of the principles of good faith in the market;
• contrary to applicable statute, morality, or violating ethical norms and good mercantile practices established in the relevant licit and cultural contexts;
• containing symbols, emblems, coats of arms, flags of a given state, other symbols belonging to national or transnational organizations, or those that include names or portraits of citizens, any other images or signs that are the IP of individuals or corporate firms, without the proper permission of the relevant proprietors of these prerogatives;
• including symbols of high symbolic significance, such as religious signs or other symbols of significant cultural or spiritual value (with certain exceptions);
• reproducing or imitating TMs that are already licitly in use for mercantile aims, without obtaining the appropriate permission from their proprietors.

TM infringements in the region

TM infringements may take many forms, covering a wide range of actions that violate the exclusive prerogatives of the right proprietors to their IP. Such breaches include, but are not limited to, the illicit use of enrolled TMs without the consent of their proprietors, which may be expressed both in the direct use of similar signs and in their imitation.

Violations may manifest themselves in the form of unlawful production, distribution, sale, and offering on the market of goods marked with a TM without the permission of the copyright proprietor. These actions are classified as counterfeiting, which entails civil and criminal consequences. Violations may arise due to unfair enrollment of TM, if a person has enrolled a TM similar to one that already exists, with the aim of benefiting from the reputation of an existing brand.

In the event of such violations being detected, copyright proprietors have the prerogative to seek defense of their prerogatives both via administrative sequences and via the courts, where it is possible to file claims to stop the violation, compensate for damages, collect fines or sanctions provided for by Portuguese statute and transnational agreements in the field of TM defense.

Remedies for safeguarding of prerogatives

Trademark protection in Portugal is achieved via the Tribunal da propriedade intelectual (TPI) and the corner courts. These courts have the power to settle cases related to the breach of exclusive prerogatives to TM, providing proprietors of these prerogatives with effective mechanisms to protect them from unfair use, counterfeiting or misuse of their marks by third parties.

In the context of TPI proceedings, the protection of TM rights in Portugal may include claims for compensation for damages caused by the illicit use of the TM, as well as the costs incurred to restore the infringed prerogatives. Judicial defense may include the adoption of interim measures aimed at preventing further breaches, such as temporary injunctions or seizure of TMs and materials containing the breach. Also, it is possible to file a claim for moral damages caused by the defendant's bad faith actions, which provides the proprietor of the mark with a wide range of legal means to restore their prerogatives and protect their interests.

In turn, criminal courts have the competence to consider cases related to violations related to counterfeiting of TMs, their illicit use for mercantile or other aims, which entails licit liability. Courts have the prerogative to apply a wide range of sanctions, including the imposition of fines, if the guilt of the accused is established, the enrollment of more severe penalties, up to and including imprisonment.

During the trial, each party has the opportunity to present their evidence in the prescribed manner, which may include witness testimony, expert opinions, written materials and other types of evidence that, in their opinion, can confirm the facts that are prime for resolving the dispute. Each participant in the sequence is given a separate stage to submit their evidence, which reflects the principle of adversarial proceedings and equality of the parties. The average time for consideration of a case in a court is 12 months, which indicates the relatively prompt nature of this procedural sequence.

The grounds for applying temporary injunctions depend on a number of elements, including whether the breach of the prerogatives to the TM has already taken place or whether the breach is only at the threatened stage. When the breach of the prerogatives has not yet occurred, but there is a real threat of its breach, proof of the legality of proprietorship of the TM is required, as well as the need for urgent and immediate intervention of the judicial authority to prevent potential damage that may arise in the event of a breach. The court will conduct a thorough analysis of the degree of likelihood of harm from the alleged breach, consider the possibility of providing temporary defense in order to prevent further breaches and ascertain the defense of the interests of the TM proprietor.

According to the ordinances established in the Industrial Property Code, in particular in Article 339, firms whose prerogatives to industrial property objects have been violated are entitled to apply to the courts with a motion to obtain evidence that is in the possession or control of the other party, including both the opposite party and third parties. However, in order for the court to satisfy this motion, the plaintiff must provide sufficient and convincing evidence confirming the fact of the violation of his prerogatives. It is prime to note that the court may satisfy the request for evidence only if such evidence is essential for resolving the dispute and cannot be obtained in any other way, which requires the plaintiff to demonstrate reasonable grounds for his claims.

In the context of resolving disputes related to the infringement of prerogatives to TM in Portugal, if the contested actions are of a mercantile nature and are undertaken in a significant volume, the interested party, in the event of reasonable suspicion, has the prerogative, via the judicial authority, to demand from the defendant the presentation of records related to financial, accounting, mercantile activities that are at the disposal of the respondent. Namely, bank statements, financial reports, invoices, contracts, accounting records and other records that can serve as evidence of the fact of breach of prerogatives to a TM, evidence of the scale and nature of these violations may be requested.

According to the provisions of Article 266 of the Code, the judicial overseers competent to resolve the case, on the basis of the principles of licit economy and good judicial practice, have the prerogative to decide to suspend the proceedings on the case until the issue of invalidity of the TM has been finally resolved by the INPI, provided that the corresponding enrollment for recognition of the mark as invalid has been filed during the judicial proceedings.

It should also be noted that the Portuguese ordinances for compensation for damages for TM breach are consistent with EU needs, in particular with Directive 2004/48/EC on enforcement. When calculating compensation for damages, the court must take into account not only the illicitly obtained profit of the infringer, but also direct losses, lost profits incurred by the injured party, as well as the costs of protecting prerogatives and eliminating the breach. The court must assess the moral damage caused by the breach of IP prerogatives.

If the court does not determine the exact amount of damages in conformance with the applicable ordinances and in the absence of objections from the infringer, the court may decide to establish the amount of damages in the form of a lump sum payment proportional to the royalties that would have accrued if a request had been made for the licensed use of the IP right in question.

Brand protection in Portugal is possible via dispute resolution between TM proprietors via arbitration. The country has a specialized arbitration center, Arbitrare, which has the authority to regulate and conduct arbitration sequences to resolve conflict situations in the field of industrial property. The use of arbitration in matters related to TMs provides brand proprietors with the opportunity to quickly and confidently resolve disputes, bypassing traditional courts, which often helps reduce the costs and time of dispute resolution. Arbitrare, being a center accredited to consider such cases, has sufficient expertise in the field of IP, which guarantees a high level of licit safeguarding for all parties involved in the arbitration sequence.

Court decisions in the field of TMs and brands

As we have already explained, the licit safeguarding of any TM is contingent on abidance with two key criteria. On the one hand, the claimed sign must have an inherent distinctive ability. Also, it cannot fall under the exceptions arising from the principle of inadmissibility of monopolization of elements due to technical or aesthetic functionality.

A few years ago, these criteria were subject to judicial analysis in the Lisbon Court of Appeal in a case brought by Bimbo. The latter had applied for the registration of a 3D TM in Portugal for a certain shape of biscuit, classified in class 30 of the Nice Classification. According to the enrollment, the object of the designation is “a flat round biscuit, the front of which is decorated with 144 squares with raised elements arranged at equal distances, surrounded by a thick frame with 33 oval rings, thus creating a unique and distinctive shape.”

The Portuguese Institute of Industrial Property, having examined the enrollment, issued a conclusion to refuse enrollment of the claimed designation, arguing its decision by its inability to perform a distinguishing function due to the use of a typical and generally recognized graphic embodiment of the designated item. The Intellectual Property Court, having conducted a licit analysis of the circumstances of the case, supported the findings of the INPI and confirmed the legitimacy of the refusal to provide licit safeguarding for the tri-dimensional TM in the polity.

The enroller, guided by the need to protect his prerogatives, applied to the Lisbon Court of Appeal with the aim of overturning the INPI decision, basing his licit position on the following arguments:

• there was no irrefutable evidence that the disputed three-dimensional mark was identical or equivalent to the most characteristic, generally accepted or typical form of goods belonging to the relevant market segment;
• there was no objective need to ascertain unlimited access of other economic firms to the form of the declared mark, since it is the result of creative processing and combines unique elements, including thickness, edge shape, lattice structure and double surface;
• The enroller is the proprietor of several TMs used in relation to biscuits, which demonstrates its intention to ascertain their uniform identification in mercantile circulation as items of the same origin.

The Court of Appeal has rejected a request for protection of a three-dimensional mark in Portugal. However, unlike previous decisions, also to the argument of lack of distinctiveness, the court took into account two additional absolute grounds for refusal:

• First, the sign was determined exclusively by the form dictated by the nature of the item;
• Second, it had a shape that provided the item with a significant functional advantage.

With regard to the requirement of distinctiveness, the court held that the enroller must demonstrate that two metrics are met. Firstly, the shape is distinctive in its own prerogative. Secondly, that it is arbitrary. The decision stated that for a shape to be protected, it must contain elements that are different from the traditional practices of the sector, in this case, the biscuit industry. Moreover, the shape must have a high degree of familiarity among consumers of the item, allowing the majority of the biscuit-consuming public to recognise it as a trade mark. In this context, the court noted that the shape was not outside the generally accepted norms of the biscuit sector, which traditionally uses reliefs on the surface of the item or decorative edges with ring shapes.

Several years ago, a wine firm, seeking to expand its activities, filed several TM enrollments, including a mark with the element “SOLAR DE PANCAS”, which provided for use for goods and aids related to wine (class 33), cultural events (class 41), restoration aids and temporary accommodation (class 43). Due to a conflict of interest with the wine firm, despite the previous tacit consent to the use of this sign, an individual decided to file an action against the TM enrollment, citing misinformation aimed at deceiving consumers, arguing that the enroller is not the legitimate proprietor of the element “SOLAR DE PANCAS” and that the items/aids claimed for enrollment cannot be linked with the said estate, making enrollment impossible.

The INPI made the following decision: it enrolled the TM "SOLAR DE PANCAS" in the declared classes of goods. According to the findings of the authorized agency, this mark was not considered misleading in relation to wines, since the proprietor of the estate had agreed to the use of the name and image "SOLAR DE PANCAS" by the wine firm. At the same time, the agency came to the conclusion that the mark was misleading in relation to the specified aids, since it was impossible to provide such aids on this estate. This decision was subsequently confirmed by both the Intellectual Property Court and the Court of Appeal.

Conclusion

The Portuguese TM defense system is undergoing significant changes, driven by technological innovation, licit changes and the transformation of mercantile priorities. In a highly competitive environment and digitalization of the economy, companies are seeking to strengthen the identity of their brands, which in turn requires the adaptation of trademark defense mechanisms to current market needs and the emergence of new firms in this area. Traditional industries and types of mercantile have become part of evolving branding and marketing strategies.

Mercantile firms take measures to ascertain comprehensive licit defense of all components of the brand, considering it as a tool for ascertaining a competitive advantage. In this context, the strategic line of activity is focused on the formation of a unique corporate individuality and licit identity of the brand by creating stable associative links and increasing the level of mercantile differentiation in the market.

In order to ascertain proper licit protection of TM in Portugal, entrepreneurs are required to register them. This is the main condition for preventing the illicit use and distribution of similar/identical marks by competitors. Along with the enrollment for registration of TM in the Portuguese Republic, it is compulsory to submit a fulfilled form, which will indicate record about the enroller and the characteristics of the mark, an image of the mark itself that meets the regulatory needs, while it must be unique enough to ascertain distinctiveness. The enrollment sequence is multi-stage and may include an examination for novelty and similarity with already enrolled marks, potential objections from third parties.

Our firm's qualified consultants provide full legal support in registering a trademark in Portugal, including preparation and submission of records, interaction with enrollment overseers, and consultations on the enrollment of national IP legislation.