- Asian
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Related regulations
Macao's trademark law stipulates that trademark rights are based on the principle of application first. Macao has its own independent trademark registration system. Trademarks registered in Chinese Mainland or other parts of the world will not automatically take effect in Macao. If they need to be protected by intellectual property rights in Macao, they must also go through relevant procedures in accordance with Macao's intellectual property laws. There are various types of trademarks in Macau, including commodity trademarks, service trademarks, joint trademarks, certification trademarks, three-dimensional trademarks, and audio trademarks.
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Application Language
Chinese/Portuguese
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Unprotected type
1. Marks formed solely based on the shape required by the nature of the product itself, the shape of the product required to achieve a certain technical result, or the shape used to give the product substantial value are not protected;
2. Marks solely composed of symbols that can be used in commercial activities to indicate the type, quality, quantity, purpose, value, origin, or season or other characteristics of a product or service are not protected;
3. Marks or logos that have become modern language or are legitimate and commonly used in business practice are not protected;
4. Color, except for colors that are uniquely and prominently matched with each other or used in conjunction with graphics, text, or other elements. -
Service recipients and application qualifications
1. The applicant is a person holding a Macau SAR resident identity card;
2. The applicant is a legal entity established in accordance with the laws of the Macau Special Administrative Region;
3. Other individuals must appoint one of the following individuals as their agent and submit a valid authorization letter:
(1) Lawyers registered with the Macau Bar Association;
（2) Individuals holding Macau SAR resident identity cards;
(3) A legal entity established in accordance with the laws of the Macau Special Administrative Region. -
Duration
Starting from the date of approval of registration for 7 years, if the registration needs to continue to be used after the expiration of the registration validity period, an application for renewal of registration should be made 6 months before the expiration of the registration validity period, and each renewal of registration is valid for 7 years.
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precautions
Macao follows the "first to apply" system, so it is crucial to submit the application as early as possible. Avoid choosing trademarks that are descriptive, generic, deceptive, or violate public ethics.
Submit an application directly to the Macao Economic Bureau
Within about one month after submitting the application, a formal examination will be conducted to check whether the application form documents are correct, whether the information is complete, and whether the classification of goods and services is correct. If there is a need to modify or supplement, the Intellectual Property Department of the Economic Bureau will issue a "correction notice", and the applicant needs to submit the correction within two months from the date of the notice; Alternatively, in the absence of notification, the applicant should submit the correction within 3 months from the date of submission of the application. Both of the aforementioned times can be requested to be extended by one month.
After formal examination, the trademark will be published in the Macao Special Administrative Region Gazette. The bulletin is published on the first or third Wednesday of each month. Within 2 months from the date of announcement, anyone may raise objections in writing regarding the relevant registration application.
If there are no objections during the announcement period, substantive examination will be conducted
After substantive examination of the case, the Intellectual Property Department of the Economic Bureau will publish a "Notice of Approval" or "Notice of Refusal" in the "Macao Special Administrative Region Gazette". If the applicant is dissatisfied with the examiner's decision, they may appeal to the first instance court within one month from the date of publication of the "refusal notice" in the Macao Special Administrative Region Gazette.
The registration fee shall be paid within 6 months from the date of publication of the "Approval Notice" in the Macao Special Administrative Region Gazette. Within 10 days from the date of payment, the Intellectual Property Department of the Economic Bureau will issue a "Trademark Registration Certificate".
The validity period of trademark registration is 7 years, and each renewal can be extended for 7 years.
The owner of a registered trademark has the right to add the initials "M.R.", "R" or simply ®， Or the full written Portuguese characters of "Marca Registada", the Chinese characters of "Registered Trademark", or the English characters of "Registered Trademark" or "T.M.".
1. The power of attorney needs to be notarized;
2. Copy of the applicant's business license;
3. Trademark design (JPG format);
4. Goods/services items and categories;
5. If you need to handle notarization documents, you also need to provide additional documents related to notarization.
