Macau Trademark Introduction
Managing by The Intellectual Property Department of the Macao Economic Services, applicants have to submit trademark application to the Intellectual Property Department of the MES for examination.
Trademark protection rule
Macau’s trademark law follows the “First-to-file” rule, which indicates that protection will be given to the trademark that is registered earlier vis-a-vis those who come late to file in the same trademark class, even though he/she may have used the mark for a while .
Under the principle of territoriality, trademark could only be protected in registered regions. Hence, protection is legally valid and limited only within Macau if the applicants register his/her trademark there, and vice versa. Businesses that fail to register their trademark in Macau will have very limited legal protection in Macau against trademark infringement. Corporation should apply overseas trademark if they want to expand their business, so as to avoid the infringement of trademark against or by a third party.
Renewal of registration
Noted that trademark will be removed from registration if applicants do not apply for renewals of registration within a specific period.
Macau Trademark Application Procedure
Application procedure normally takes 9 – 12 months. The lead time includes the first publication for opposition that lasts for 2 months and the second publication for registration of 1 month respectively.
Below is the procedure of applying Macau trademark,
Macau Trademark FAQ
Macau Trademark Application
Q2：What do I need when I apply the trademark?
1. Application form：Should clearly state the basic information of applicants, including but not limited to name, address, nationality etc.
2. Classes of goods and services applied
4. Certificated documents
5. Attorney with notarization
Q3：Can I use the (R) symbol even I have not registered the trademark?
A3：(R) symbol could only be used on registered trademark. Any unregistered trademark with (R) symbol, would commit a criminal offence. Applicants can use TM symbol, with no protection rights, as a public announcement for his/her unregistered trademark.
Macau Trademark Objection
Q2：Why my trademark is objected by the Intellectual Property Department of the MES?
A2：Reasons include (1) High similarity with another registered trademark, (2) Violation of trademark law, (3) Indistinctive characteristics, (4) Conflict with prior rights etc.
Q3：What should I do if the trademark is objected by the Intellectual Property Department of the MES?
A3： Trademark with decision of registration or refusal, would be announced on publication of the Official Gazette of Macao SAR. Applicant can litigate through court of general jurisdiction. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Q4：How much for appealing examination?
A4：Appealing fee varies based on the case situation. Should you have any inquiries about appealing examination, please feel free to contact our IP consultant anytime.
Macau Trademark Opposition
Q3：What should I do if my trademark is opposed by a third party?
A3：Applicant can file evidence in support of application within 30 days from receipt of notification. Should you have any inquiries about trademark opposition or procedure, please feel free to contact our IP consultant anytime.
Q4：What should I submit if I want to oppose a trademark?
A4：Applicant has to submit the following documents, including but not limited to:
1. Request for Other Actions Form
2. Power of Attorney with notarization
3. Reason of opposition with clear evidence
4. Documents must be translated into Chinese or Portuguese
Q5：If I failed to object a trademark, can I apply trademark opposition with the same reason again?
A5：Anyone is not allowed to apply the trademark opposition with the same evidence or same reason after the decision is made.
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