European Union Trademarks

Filing Requirements
(1) Name, nationality and address of the applicant(s) and the State in which he is domiciled or in which it has his seat or establishment.
(2) Specification of goods and/or services (Nice Classification; multi-class application possible)
(3) Representation of the mark (*).
(4) Priority data (number, date and country of the prior application) if applicable (**).
(5) Seniority data (Member States in or for which the earlier mark is registered, date and number of relevant registration and respective list of goods and services) if applicable (***).
(6) Authorization signed by the applicant.

(*) The Amending Regulation (EU) No 2015/2424 removed the requirement of graphical representation. The following representation formats are accepted by the Office:

Figurative marks: JPEG (a reproduction of the sign showing all its elements and, where applicable, its colours).

Shape marks: JPEG, or OBJ, STL, X3D (photographic or graphic representation with up to 6 different perspectives of the mark).

Position marks: JPEG (a reproduction which appropriately identifies the position of the mark and its size or proportion with respect to the relevant goods. The elements which do not form part of the subject-matter of the registration shall be visually disclaimed preferably by broken or dotted lines).

Pattern marks: JPEG (a reproduction showing the pattern of repetition).

Colour marks – single colour: JPEG (a reproduction of the colour and an indication of that colour by reference to a generally recognised colour code)

Colour mark – colour combination: JPEG (a reproduction that shows the systematic arrangement of the colour combination in a uniform and predetermined manner and an indication of those colours by reference to a generally recognised colour code).

Sound marks: JPEG or MP3 (maximum 2 Mb; an audio file reproducing the sound or by an accurate representation of the sound in musical notation).

Motion marks: JPEG or MP4 (video, maximum 20 Mb; for series of still sequential images; a video file or by a series of sequential still images showing the movement or change of position. Where still images are used, they may be numbered or accompanied by a description explaining the sequence).

Multimedia marks: MP4 (maximum 20 Mb; an audiovisual file containing the combination of the image and the sound).

Hologram marks: JPEG or MP4 (maximum 20 Mb; a video file or a graphic or photographic reproduction containing the views which are necessary to sufficiently identify the holographic effect in its entirety).

(**) The Office will verify of its own motion the relevant priority information on the website of the Office of the priority application. In case deficiencies are found, the Office will request the applicant to submit appropriate documents.

(***) The Office will verify of its own motion the relevant seniority information on the website of the Office of the seniority mark. In case deficiencies are found, the Office will request the applicant to submit appropriate documents.

Oppositions
Within 3 months after publication in the EUTM Bulletin.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of filing of the application. The lack of genuine use in the European Union for 5 consecutive years after the registration date and without proper reasons for non-use is a ground for revocation.

Community Designs (Registered Community Designs)

Filing Requirements
(1) Name, nationality and address of the applicant(s) and the State in which he is domiciled or in which it has his seat or establishment.
(2) Graphical or photographic representation of the design (in up to 7 different views). (*)
(3) Indication of the usual generic name of product(s) in which the design is intended to be incorporated or to which it is intended to be applied.
(4) Priority data (number, date and country of the prior application) and documents (**), if applicable.
(5) Request for deferment of publication (up to 30 months from the application date or the date of priority), if applicable.
(6) Indication of the name and address of the designer or team of designers or the indication that the designer(s) have waived the right to be cited.
(7) Authorization signed by the applicant.

(*) Multiple design application: possible provided that the products belong to the same class (Locarno Classification (no upper limit of the number of designs).

(**) An accurate photocopy of the previous application (colour photocopy if the original representation of the design is in colour). To be submitted within 3 months from the filing date. Where necessary, a translation into one of the languages of the Office (DE, EN, ES, FR, or IT) must be also filed.

Invalidity
The applications for a Registered Community Design are not subject to opposition but an RCD may be declared invalid. The proceedings relating to a declaration of invalidity of a RCD should be filed with the OHIM.

Duration
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Portuguese Patents

Filing requirements
(1) Name, nationality and address or place of business of the applicant(s).
(2) Title, description and claims of the invention and abstract (preferably not exceeding 150 words).
(3) Drawings, if necessary to explain the description.
(4) Name and country of residence of the inventor(s).
(5) Indication of number and date of filing of Portuguese Utility Model filed for the same invention, in case of simultaneous or succeeding filings.
(6) Priority data, if applicable.
(7) Power of Attorney (not required for filing through an Official Industrial Property Agent).

Opposition
The term for filing an opposition is 2 months counted from publication of the patent abstract and classification in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years, subject to the payment of annuities. This period is extendable through supplementary protection certificates for certain patents in the field of medicinal products and phytopharmaceutical products.

European Patents – National Validation

Effects of a European Patent in general

In each of the contracting states for which it is granted, a European patent has the effect of and is subject to the same conditions as a national patent granted by that state, unless otherwise provided in the EPC (Article 2(2) EPC).

Requirements after grant 

The procedural steps laid down by the national Portuguese law for validation of European patents are the following:

1. The proprietor must supply a Portuguese translation of the patent as granted to the Industrial Property Office.
2. The normal deadline for filing the translation is 3 months after the date of the mention of the grant is published in the European Patent Bulletin (B1 document). The belated filing of the translation is possible for 1 additional month subject to a surcharge.
3. The proprietor must submit a form and pay the validation fee when filing the translation.
4. The Office shall publish a notice in the national Industrial Property Bulletin which identifies the EP.
5. As from the publication date anyone may have access to the translated text and obtain copies thereof.

Where the European patent is not validated in Portugal, it cannot have any effect in Portugal, namely it cannot be enforced through the Portuguese courts.

Requirements of translation 

1. The law requires the submission of a translation in Portuguese of the entire patent specification including claims, description, abstract and title and any text on drawings.
2. The translation must be accompanied by a copy of the drawings, even where there is no textual matter.
3. The translation must be submitted under the supervision of an Industrial Patent Agent acknowledged by the IP Office.

Note: Portugal is not a signatory of the London Agreement for reduced translation requirements. Portugal is a participant in the enhanced cooperation on unitary patent protection and has signed the Agreement on a Unified Patent Court (not in force yet).

Effect of translation

1. The Portuguese translation shall be the authentic text of the EP in Portugal under the circumstances mentioned in article 70(3) EPC: if the protection conferred in the language of translation is narrower than in the language of the proceedings the Portuguese text will be deemed authentic in Portugal.
2. The applicant of proprietor may file, at any time, a corrected translation of the European patent application or European patent. In such a case, any user in good faith will be protected in accordance with article 70(4)(b) EPC.

Requirements after amendment

It is necessary to validate the new text of the EP. In order to maintain the EP as amended by a decision of the EPO in opposition procedures or in consequence of a limitation requested by the proprietor, the same steps apply for the text in amended form (B2 or B3 document), (please see “Requirements after grant”).

Requirements for provisional protection

1. European patent applications that have been published in accordance with the EP Convention will benefit from provisional protection in Portugal provided that a translation of the claims into Portuguese and a copy of the drawings, if any, are available to the public at the Industrial Property Office.
2. The Office shall publish a notice in the national Industrial Property Bulletin which identifies the EP application. As from the publication date anyone may have access to the translated text and obtain copies thereof.
3. Under provisional protection, the applicant has the right merely to claim compensation for damages which arises from the date of publication of the notice in the IP Bulletin. The EP applicant may initiate legal proceedings based on this provisional protection, however the court can only issue a decision on the merits of an action after the EPO has finalised a decision that grants or refuses an EP.

Annual renewal fees

1. There is only an obligation to pay renewal fees directly to the EPO for the year in which the notice of the grant of the EP is published in the European Patent Bulletin. For the years which follow renewal fees are due in Portugal.
2. The fees shall be due in respect of each subsequent year, calculated from the date of filing of the application. Payment may not be validly made more than 6 months before due date.
3. The renewal periods expiring on a day on which the IP Office (INPI) is not open for receipt of documents (e.g. Saturday, Sunday and national or local holidays) shall be deemed to extend to the first working day thereafter.
4. If a renewal fee is not paid in due time, it may still be paid within 6 months after the due date with a surcharge.
5. It is possible to revalidate lapsed patents within one year of the publication of the notice of the lapse. A surcharge, equal to three times the fee, will be due and the revalidation will be without prejudice to third party rights.

For any further information please contact us (sgcr@sgcr.pt).

PCT

Competent designated (or elected) Office if Portugal is designated (or elected)

– National protection: National Institute of Industrial Property
– European patent: European Patent Office

In the instance of a designation or election of Portugal in an international patent application, the application is considered as an application for a European patent designating Portugal.

Entering the National Phase
The requirements for entry into the national phase (under Chapters I and II) should be fulfilled before the end of the 30th month from the priority date.

Utility Models

Filing Requirements
(1) Name, nationality and address or place of business of the applicant(s).
(2) Title, description and claims of the invention and abstract (preferably not exceeding 150 words).
(3) Drawings, if necessary to explain the description.
(4) Name and country of residence of the inventor.
(5) Indication of number and date of Patent application filed for the same invention, in case of simultaneous or succeeding filings.
(6) Priority data, if applicable.
(7) Power of Attorney (not required for filing through an Official Industrial Property Agent).

Oppositions
Same as for patents. The publication takes place within 6 months after the application, except when anticipation or deferment is requested.

Duration
The utility model protection runs for 6 years counted from the date of application. This term of protection can be renewed twice for additional periods of 2 years.

Designs

Filing Requirements
(1) Name, nationality and address or place of business of the applicant(s).
(2) Name and country of residence of the design creator.
(3) Indication of the products to which the design applies or relates in accordance with the Locarno classification.
(4) Graphical representations or photographs of the design. (*) (**)
(5) Priority data, if applicable.
(6) Power of Attorney (not required for filing through an Official Industrial Property Agent).

(*) Multiple design applications are possible provided that all the designs belong to the same Locarno class (up to 100 designs in the same application).

(**) Up to 7 views of the design. A description of the design up to 50 words may be filed.

Oppositions
The publication takes place shortly after the application except if deferment is requested. The term for filing an opposition is 2 months counted from publication of the design application. Oppositions shall be notified to the applicant who may respond within 2 months.

Duration
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address or place of business of the applicant(s).
(2) Specification of goods and/or services (Nice Classification; multi-class application is possible).
(3) Indication of type of mark (word mark, figurative mark, tridimensional, sound, multimedia, hologram, position mark, pattern, colour mark or other).
(4) Representation of the mark (graphical format or electronic format file up to 2MB, according to type of mark).
(5) The colour(s) of the mark, if claimed.
(6) Priority data, if applicable.
(7) Power of Attorney (not required for filing through an Official Industrial Property Agent).

Oppositions
Within 2 months after publication in the Official Bulletin. The applicant will be notified and given 2 months to reply.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the application date. The lack of genuine use for 5 consecutive years without due cause is a ground for revocation.

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention in official language (preferably not exceeding 150 Portuguese words or 400 Chinese characters).
(3) Name and country or territory of residence of the inventor.
(4) Declaration justifying entitlement to the patent in case the applicant is not the inventor or the only inventor.
(5) Declaration by which the inventor opposes the disclosure of his identity, where applicable.
(6) Priority data and documents, if applicable (if not in English, accompanied by certified Portuguese translation; documents should be submitted within 3 months after application date).
(7) Power of Attorney (notarized; may be submitted later).

Oppositions
Oppositions can be submitted between the publication of the disclosure notice in the Official Bulletin and the grant of the patent. Objections shall be transmitted to the applicant who may respond within 4 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years, subject to the payment of annuities. This period is extendable through supplementary protection certificates for certain pharmaceutical and phyto pharmaceutical patents.

Utility Patents

Filing Requirements
Same as for patents.

Utility patent protection applies to inventions that, besides the usual patentability requirements, consist of an object with an appearance, structure, mechanism or arrangement which may increase the utility thereof or improve its use.

Oppositions
Same as for patents.

Duration
The utility patent right protection runs for 6 years counted from the date of application. This term of protection can be renewed twice for additional periods of 2 years.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title of the design or its intended purpose.
(3) Name and country or territory of residence of the designer.
(4) Description of novelty claimed, including the geometrical and ornamental details of the design in official language (preferably not exceeding 150 words in Portuguese or 400 Chinese characters).
(5) Graphical representations or photographs of the design.
(6) Declaration by which the designer opposes the disclosure of his identity, where applicable.
(7) Priority data and documents, if applicable (with certified Portuguese translation; documents should be submitted within 3 months after application date).
(8) Power of Attorney (notarized; may be submitted later).

Oppositions
Oppositions can be submitted between the publication of disclosure notice in the Official Bulletin and the grant of the design registration. Objections shall be transmitted to the applicant who may respond within 2 months counted from notification of the opposition.

Duration
Annuities must be paid from the third year onwards, up to a maximum of 10 years. The renewal request shall be submitted within the last six months of the current validity period.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Specification of goods or services (Nice Classification; multi-class application not possible)
(3) Graphical representation of the mark.
(4) Priority data and documents, if applicable (if not in English, accompanied by certified Portuguese translation; documents should be submitted within 3 months after application date).
(5) Power of Attorney (notarized; may be submitted later).

Oppositions
Within 2 months after publication in the Official Bulletin. The applicant will be notified and given 1 month to respond.

Duration and Use
The duration of a trade or service mark registration is 7 renewable years counted from the date of grant. The lack of genuine use for 3 consecutive years without due cause is a ground for revocation.

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention (in Portuguese).
(3) Name and country of residence of the inventor.
(4) Priority data and documents, if applicable (copy of the basic patent together with certified Portuguese translation; may be submitted later).
(5) Power of Attorney signed by the inventor in favour of the applicant, in case the applicant is not the inventor (legalized; may be submitted later).
(6) Power of Attorney (legalized; may be submitted later).

Oppositions
After the publication of the application in the Industrial Property Bulletin, the IAPI allows the filing of oppositions within 60 days.

Duration
The patent duration begins on the date of application and runs for a period of 15 years, subject to the payment of annuities.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) A sample or graphical representation of the model or design.
(3) Description of novelty claimed and indication of the type of goods for which the design or model should be used.
(4) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be submitted later).
(5) Power of Attorney (legalized; may be submitted later).

Oppositions
Oppositions to design applications are not available in Angolan law. Interested parties may file an invalidity action at the competent court.

Duration and Use
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed for two further periods of 5 years. The design right lapses by lack of exploitation for a period of 1 year.

Trade and Service Marks

Filing Requirements
(1) Name, nationality, occupation and address or place of business of the applicant.
(2) Specification of goods or services (Nice Classification; multi-class application not possible) (*)
(3) Graphical representation of the mark.
(4) In case of foreign applicants, appropriate evidence that the mark is related to their activity (commercial, industrial or professional) which must be effectively and lawfully exercised in the country of origin.
(5) Power of Attorney (legalized).
(6) Priority data and documents, if applicable (certified copy of home application with legalized Portuguese translation).

(*) The application may cover any number of goods or services in the same class but additional fees are charged for each good or service beyond the first five.

Oppositions
Oppositions to trade or service mark applications are accepted by Angolan Office although not foreseen in the relevant law. The deadline for oppositions is 60 days after publication in the Angolan Industrial Property Bulletin.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of application. The law indicates that the registration lapses by lack of trademark use for 2 consecutive years except in instances of force majeure duly justified.

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention (in Portuguese).
(3) Name, nationality and address of the inventor.
(4) Declaration justifying entitlement to the patent if the applicant is not the inventor or his successor.
(5) Information concerning any application for patents (or other title of protection) related to the same invention filed in any other country.
(6) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be submitted later).
(7) Power of Attorney (notarized; may be filed later).

Oppositions
The term for filing an opposition is 60 days counted from publication of the patent abstract in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 30 days counted from notification of the opposition. Where the applicant does not file a response within the deadline the patent application is deemed withdrawn.

Duration
The patent duration begins on the date of application and runs for a period of 20 years, subject to the payment of annuities.

Utility Patents

Filing Requirements
Same as for patents.

Utility patent protection applies to inventions that gives an object or part of an object a shape, structure, mechanism or layout which functionally increases its utility or improves the conditions of its manufacturing.

Oppositions
Within thirty days from the date of publication of the application in the Bulletin. This term may be extended for a period of sixty days.

Duration
The utility patent right protection runs for 15 years counted from the date of application.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Drawings, photographs or other appropriate graphical representation of the model or design.
(3) Name, nationality and address of the inventor.
(4) Declaration justifying entitlement to the design right if the applicant is not the creator.
(5) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be submitted later)
(6) Power of Attorney (notarized; may be filed later).

Oppositions
The term for filing an opposition is 30 days counted from publication of the industrial design in the Industrial Property Bulletin. The opposition will be notified to the applicant who may respond within 30 days counted from notification of the opposition. Where the applicant does not file a response within the deadline the design application is deemed withdrawn.

Duration
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Trade and Service Marks

Filing Requirements
(1) Name, nationality, occupation and address or place of business of the applicant.
(2) Specification of goods or services (Nice Classification; multi-class application not possible)
(3) Graphical representation of the mark.
(4) Power of Attorney (notarized; may be filed later).
(5) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be filed later).

Oppositions
Oppositions are possible within 30 days after publication of the application in the Official Bulletin. The applicant will be notified and given 30 days to respond. In the absence of reply the application will be deemed withdrawn.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of application.

Declarations of Intention to Use must be filed for national and international trademark registrations designating Mozambique.

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention (in Portuguese).
(3) Drawings, if necessary to explain the description.
(4) Name, nationality and address of the inventor.
(5) Indication of number and date of filing of Utility Model filed in Sao Tome for the same invention, in case of simultaneous or succeeding filings
(6) Priority data and documents, if applicable.
(7) Power of Attorney.

Oppositions
The term for filing an opposition is 3 months counted from publication of the patent abstract in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 3 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years, subject to the payment of annuities.

Utility Models

Filing Requirements
(1) Name, nationality and address or place of business of the applicant(s).
(2) Title, description and claims of the invention and abstract (preferably not exceeding 150 words).
(3) Drawings, if necessary to explain the description.
(4) Name and country of residence of the inventor.
(5) Indication of number and date of Patent application filed for the same invention, in case of simultaneous or succeeding filings.
(6) Priority data, if applicable.
(7) Power of Attorney (not required for filing through an Official Industrial Property Agent).

Oppositions
Same as for patents.

Duration
The utility model protection runs for 5 years counted from the date of application. This term may be renewed twice for additional periods of 5 years up to a maximum duration of 15 years.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Name and country of residence of the design creator.
(3) Indication of the products to which the design applies or incorporates (with terms of the Classification of Locarno).
(4) Colours claim, if applicable.
(5) Graphical representations or photographs of the design(s).
(6) Priority data and documents, if applicable.
(7) Power of Attorney.

Oppositions
The term for filing an opposition is 3 months counted from publication of the design application in the Industrial Property Bulletin. The opposition should be notified to the applicant who may respond within 3 months counted from the date of notification.

Duration
The design registration is valid for 5 years from the date of filing of the application. The term may be renewed for further periods of 5 years up to a maximum of 25 years of duration.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Graphical representation of the mark.
(3) Specification of goods or services (Nice Classification; multi-class application possible).
(4) Power of Attorney.
(5) Priority data and documents, if applicable.

Oppositions
The term for filing an opposition is 3 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 3 months counted from notification of the opposition.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of grant.

The registration may be cancelled due to lack of use of the mark for 5 consecutive years, unless there are justified reasons for non-use. The period of 5 years is counted from the registration date and in the case of international trademarks from the international registration date. The cancellation request should be submitted to the SENAPI (Industrial Property Office).

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention (in Portuguese).
(3) Name, nationality and address of the inventor.
(4) Priority data and documents, if applicable (together with certified Portuguese translation; may be filed later).
(5) Power of Attorney (legalized; may be filed later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) A sample or graphical representation of the model or design.
(3) Description of novelty claimed and indication of the type of goods for which the design or model should be used.
(4) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be submitted later)
(5) Power of Attorney (legalized; may be submitted later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration and Use
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Graphical representation of the mark.
(3) Specification of goods or services (Nice Classification; multi-class application possible).
(4) Certified document evidencing the business activity of the applicant.
(5) Priority data and documents, if applicable (together with certified Portuguese translation; may be filed later).
(6) Power of Attorney (legalized; may be filed later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of grant.

The registration may be cancelled due to lack of use of the mark for 5 consecutive years, unless there are justified reasons for non-use. The cancellation request should be submitted to the IGQPI (Industrial Property Office of Cabo Verde).

Declarations of Intention of Use: should be filed every 5 years, counted from the registration date, except when the renewal is due.