- Knowledge
Portugal
Trademark opposition system
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Portugal
Trademark opposition acceptance agency
The official regulatory body for trademark opposition in Portugal is the Institutional Nacional da Propriedade Industrial (INPI), whose responsibilities include:
1. Accepting trademark registration applications and conducting formal examinations;
2. Announcement of trademarks that have passed preliminary examination;
3Directly accept and rule on trademark opposition cases(Objections are completed throughout the INPI administrative process and do not require judicial proceedings unless subsequently appealed);
4. Make an administrative decision to establish or reject objections.
Those who are dissatisfied with the objection ruling of INPI may file an administrative lawsuit with the Lisbon Court of Appeal (Tribunal da Rela çã o de Lisboa).
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Timing of Trademark Objection
Portugal adopts the "first announcement, then objection" model, with the following specific time requirements:
1. Announcement period trigger:The trademark application that has passed the preliminary examination by INPI will be published in the Boletim da Propriedade Industrial (BPI).
2. Objection Window:Within 2 months from the date of announcement, any interested party may submit a written objection application (oposi çã o) to INPI.
3. Absolute rigid deadline:The 2-month deadline cannot be extended, and objections submitted after the deadline are invalid.
4. EU Trademark Linkage:If the objection is based on prior rights of the European Union trademark (EUTM), the objector may choose to file an objection with INPI or directly initiate an objection procedure at the EU level with the European Union Intellectual Property Office (EUIPO).
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Basis for Trademark Objection Application
Objections must be based on the statutory reasons stipulated in Article 242 of the Portuguese Industrial Property Code (C ó digo da Propriedade Industrial), which are divided into absolute and relative reasons:
（1） Absolute reason
Regarding the defects of the trademark itself, including:
Lack of significance (descriptive, generic names, etc.);
Violating public order and good customs or being deceptive;
Contains protected national symbols, international organization emblems, or official certification marks;
Only composed of product function shape or technical effect shape.
（2） Relative reasons
The situations of conflict with prior rights mainly include:
1. Conflict of prior registered trademark rights:
Similar or identical to registered trademarks (or priority trademarks) in Portugal, and specifying goods/services that are the same or similar, may cause confusion among the public.
The registration of a trademark (identical or similar) that enjoys a reputation in Portugal may constitute free riding or unfair harm.
2. First applied trademark:Conflict with previously applied but not yet registered trademarks (priority protection).
3. Unregistered well-known trademark:Unregistered trademarks that meet the conditions of the Paris Convention already have a good reputation in Portugal.
4. Other prior rights:Such as copyright, design rights, name rights, portrait rights, trade name rights (requiring recognition within Portugal), geographical indications, etc.
5. Proxy registration:Unauthorized registration of the principal's trademark by an agent or representative.
6. Malicious registration(such as hoarding registration aimed at hindering competitors).
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Trademark opposition process
The trademark opposition procedure in Portugal follows the principle of "written review as the mainstay, hearing as an exception", and the specific steps are as follows:
1. Submit objection:
The objector (or authorized agent) shall submit an objection application to INPI within 2 months of the objection period, specifying the opposed trademark, reasons for objection, legal basis, identity and contact information of the objector, and attaching relevant evidence (such as registration certificate, proof of use, reputation report, etc.).
Official fees are required (2024 standard: single category trademark opposition fee of 150 euros).
2. Formal review:INPI reviews objections within 10 working days to ensure they meet formal requirements such as deadlines, fees, and essential elements.
3. Notify the objector:INPI will deliver the objection materials to the respondent and request them to submit their defense within 2 months (with the option to apply for an extension of 1 month).
4. Defense and Supplementary Evidence:
The objector may submit a written defense and counter evidence;
INPI will forward the defense materials to the objector, who may provide comments or additional evidence on the defense content within one month.
5. INPI substantive review:
INPI conducts a written review based on the materials submitted by both parties;
In special circumstances, a hearing may be convened based on authority or upon request (which is relatively rare).
6. Make a ruling:INPI shall make an administrative decision within 12-18 months after the materials are complete, stating whether the objection is valid (rejection of the opposed trademark registration) or invalid (approval of registration), and notify both parties in writing.
7. Appeal relief:
Either party who disagrees with the INPI ruling may file an administrative lawsuit with the Lisbon Court of Appeal within 2 months after receiving the decision;
The court may request INPI to provide additional materials or re-examine, and the entire process may be extended for 1-2 years.
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Trademark opposition period
The overall efficiency of Portugal's objection procedure is higher than the EU average, but it is affected by the complexity of cases and appeal procedures
1. Administrative Stage (INPI):
It usually takes 18-24 months from submitting an objection to receiving a ruling.
If both parties submit materials quickly and without delay, the shortest compression period can be up to 12 months.
2. Judicial stage (appeal):
Administrative litigation takes an average of 12-24 months, and complex cases may take longer.
3. The impact of reconciliation:
If both parties reach a settlement during the defense period or supplementary evidence stage (such as signing a coexistence agreement, modifying the scope of goods, etc.), they may apply to terminate the procedure at any time to significantly shorten the period.
Key precautions
1. Language requirements:All materials must be submitted in Portuguese, and non Portuguese evidence must be accompanied by certified translations.
2. Priority of Evidence:
The registration certificate, usage records (especially actual usage evidence in Portugal), market research reports, advertising expenses, etc. of the prior trademark can serve as core evidence.
For those who claim rights to unregistered trademarks, sufficient proof of their popularity within Portugal (such as market share, media coverage, etc.) must be provided.
3. Professional agent:It is recommended to entrust a local lawyer or trademark agent familiar with Portuguese law to ensure procedural compliance and strategic optimization.
4. Cross impact of EU trademarks:If the disputed trademark is an EU trademark (EUTM), priority should be given to evaluating whether the dispute can be resolved through the EUIPO process (covering the entire EU), but local procedures in Portugal can still be used as a supplementary means.
