The Decree-Law No. 171/2019 published on 12 December 2019, amends the legal protection regime for Olympic and Paralympic symbols in Portugal.
The main objective of the new legislation is to update the regime that was in force since 2012 and adapt it to the new Industrial Property Code, approved by Decree-Law No. 110/2018, on 10 December 2018.
In addition to the “Olympic properties” (for example, the five Olympic rings or the word “Olympic”), and similar symbols (for example, the expression “Olympic Games”) the new law identifies the “Paralympic properties” (for example the motto “Sprint in Motion”) and similar symbols (for example, “Paralympic Games”).
All of these symbols should be considered “signs with a high symbolic value” for the purposes of refusal or invalidation of trademark rights or design rights under the new Industrial Property Code.
The Industrial Property Office must refuse registration of any trademark, logo or any design or model that contains, in all or some of its elements, such protected signs or any signs similar to these, regardless of the products or services to be covered or the activity of the entities to be distinguished. The same applies to the registration of company names by the RNPC (National Register of Legal Persons).
The new law came into force on December 13, 2019.