The short answer
Under the Industrial Property Code (Decree-Law No. 110/2018), a trade mark registration is valid for 10 years from the date the application was submitted and can be renewed indefinitely, fully or partially, for equal periods. Complaints (oppositions) must be submitted within two months of publication of the application, and a mark is revoked after five consecutive years without genuine use. Portugal is an EU member, so an EU trade mark also covers it.
Trademark deadlines in Portugal at a glance
These rules come from the Industrial Property Code approved by Decree-Law No. 110/2018 of 10 December 2018, in the English text on WIPO Lex. The code was amended in 2019 and later, and renewal details are given in its administrative provisions and fee schedules, so we confirm the current renewal window and fees with INPI before we advise.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date the application was submitted, renewable indefinitely, fully or partially, for equal periods (Article 247). |
| Which date does the term count from? | The date the application was submitted (Article 247). |
| When can I renew? | The registration may be renewed indefinitely, fully or partially, for equal periods of time (Article 247). The renewal window and fee are set out in the administrative provisions, so we confirm them with INPI when we advise. |
| Is there a grace period? | The Code allows late payment with a surcharge in some cases. We confirm the current grace period with INPI before advising. |
| Opposition period | The deadline for submitting complaints (oppositions) is two months counted from publication of the application in the Industrial Property Bulletin. The applicant can reply within two months of notification (Article 17 and Articles 232 to 235). |
| Reply to an office action | INPI examines the application, notifies the applicant of provisional refusal grounds and allows a reply. Decisions can be appealed. |
| Priority claim | Priority from an earlier application in a Paris Convention country can be claimed in the application. The Convention period is six months. |
| Non-use | Revocation is declared if the trade mark has not been the object of genuine use for five consecutive years for the registered products or services, barring a proper reason (Article 268). Genuine use includes use with the owner's consent and use only for export (Article 267). |
| Assignment | A trade mark can be transferred, licensed and pledged, and these acts are recorded in the INPI register. We confirm the formalities with INPI. |
Who can register a trademark in Portugal
Any person who uses or intends to use a sign as a trade mark can apply to INPI. The Code also covers collective, certification and guarantee marks.
Representation. We act as your agent before INPI. We confirm any local representation rule for applicants abroad before filing.
Trademark registration process in Portugal
Search
- Search the the Portuguese Institute of Industrial Property (INPI) records for identical or similar marks in your classes.
File the application
- File with the the Portuguese Institute of Industrial Property (INPI), through your Portuguese agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication in the Industrial Property Bulletin, complaints are submitted within two months. The applicant can reply within two months of notification (Article 17).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Portuguese Institute of Industrial Property (INPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Portugal trademark validity and renewal
- Registration is valid for 10 years from the date of submission of the application.
- Renewal is indefinite for equal periods, in whole or in part.
- Use the mark in Portugal to avoid revocation after 5 years.
- Owners may use the words Registered Trade Mark or the symbol ® (Article 248).
Diarise the 10-year date from the application date and confirm the renewal window with INPI.
Assignment, licence and changes to a Portuguese trademark
Registered symbol
® allowed
During validity the owner may use the words Registered Trade Mark, R.T.M. or ® (Article 248).
Genuine use
Defined
Use includes use by the owner or licensee and use for export only (Article 267).
Revocation
5 years
Revocation is declared after 5 consecutive years of non-use (Article 268).
Opposition
2 months
Complaints go to INPI within two months of publication (Article 17).
Non-use and cancellation of a Portuguese trademark
Revocation is declared where a trade mark has not been genuinely used for five consecutive years for the registered goods or services without proper reason (Article 268). Non-use can also be raised as a defence in opposition (Article 227).
Keep dated proof of use in Portugal: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Portugal
Search the INPI trade mark database and the Industrial Property Bulletin for publication, registration and renewal dates.
Sources used
- Decree-Law No. 110/2018 (Industrial Property Code), Portugal, English text on WIPO Lex: Articles 17, 247, 248, 267 and 268.
- INPI for the renewal procedure, fees, forms and current rules.
Portugal trademark FAQ
How long does a trademark last in Portugal, and from when?
10 years from the date the application was submitted, renewable indefinitely, fully or partially, for equal periods (Article 247). It counts from the date the application was submitted (Article 247).
When should I renew a Portuguese trademark, and is there a grace period?
The registration may be renewed indefinitely, fully or partially, for equal periods of time (Article 247). The renewal window and fee are set out in the administrative provisions, so we confirm them with INPI when we advise.
What is the opposition period in Portugal?
The deadline for submitting complaints (oppositions) is two months counted from publication of the application in the Industrial Property Bulletin. The applicant can reply within two months of notification (Article 17 and Articles 232 to 235).
How much does it cost to register a trademark in Portugal?
The official fee is set by the the Portuguese Institute of Industrial Property (INPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Portugal?
Yes. A foreign company can register a trade mark in Portugal, normally through a Portuguese agent. We arrange this.
Can I assign a Portuguese trademark?
A trade mark can be transferred, licensed and pledged, and these acts are recorded in the INPI register. We confirm the formalities with INPI.
Can a Portuguese trademark be cancelled for non-use?
Revocation is declared if the trade mark has not been the object of genuine use for five consecutive years for the registered products or services, barring a proper reason (Article 268). Genuine use includes use with the owner's consent and use only for export (Article 267).
How can I check the status of a Portuguese trademark?
Use the the Portuguese Institute of Industrial Property (INPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority from an earlier application in a Paris Convention country can be claimed in the application. The Convention period is six months.
How do I change the owner's name or address?
Record the change with the the Portuguese Institute of Industrial Property (INPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Portugal
SUPREMEiP® files trademarks worldwide through its network and checks every Portuguese deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
