Trademark registration in Macau. How to register trademark in Macau and How long does it take from filing to granting a trademark registration in Macau? We would like to introduce our service for registering a trademark application in Macau as bellow:
What is a trademark
A trademark is either a sign or group of signs as long as it is capable of being represented graphically such as words including personal names, designs, letters, numerals, sounds, the shape of the product or its packaging, and which are capable of distinguishing the products or services of one company from those of other companies. There are several types of trademark available in Macau:
- Product trademark: used on products or their packaging.
- Service trademark: used to identify the service provider.
- Association trademark: a specific sign belonging to an association whose members use or have the intention of using the sign their for products or services.
- Certification trademark: owned by a corporate entity that controls the products or services or establishes the regulations with which they must comply
- Three-dimensional trademark: based on the 3D appearance of the product or the container of the product.
- Sound trademark: using a specific type of sound
Languages used in trademarks shall be Portuguese, Chinese, English, or a combination thereof. Trademarks of products which are solely dedicated to export can be in any languages but cannot be exploited in Macau. This regulation shall not apply to international mark registration and applicants who are not domiciled, headquartered or established in Macau. Signs are considered as exceptions which shall not be granted protection if:
- Containing solely the shape which is acquired from the nature of the product, the shape of the product which is essential for obtaining a technical output or the shape which decides the substantial value of the product itself;
- Referring solely to the kind, quality, quantity, purpose, value, geographical origin or time of production of the product or service, or other characteristics as such;
- Being customary in current language or in bona fide and established commercial practices;
- Colors, if not combined together or used with graphics, wording or other elements in a specific and distinctive manner.
The principal of trademark registration
Trademark registration in Macau is based on a first to file” jurisdiction. That is, a trademark certification shall be granted to the first applicant only, except for the case of priority based on foreign application according to Paris Convention or based on the use of a non-registered trademark.
The Required documents of registering trademark in Macau
On filing a trademark, an applicant needs to prepare these kinds of information and documents:
- Trademark application form
- Identity information of the applicant namely, name, nationality or company address
- Three trademark samples;
- Class of products/services according to Nice Classification
- Notarized power of attorney;
- Priority claim specifying the number, date and country of the first application (if any)
· Authorization to use a third party’s personal name, firm’s name, name or emblem of establishment, painting picture, or any other expressions or representations that is included in the trademark
- Authorization to include any flags, symbols, arms or other emblems of Macao SAR, municipal districts or other public or private entities, either within or outside the Macao SAR
- Regulatory provisions for a collective mark
The process of trademark registration in Macau
Step 1: Filing a new application
There are two filing channels which are direct and online application submission. An application shall include sufficiently the required information and documents (stated in section 3).
Step 2: Formal examination and Publication
The Registrar examine the formality of the application in order to assure it contains all items required. If any of the required items is lacked, the applicant would be notified by the IPD and within a set time period rectify his or her application. If an application is deemed valid, the application will be published in the Official Bulletin of Macao on the first Wednesday, two months after the initial application date.
Step 3: Opposition
After publication is an opposition period which lasts for 2 months. During this term, any concerned third party can file an opposition against the application. A copy of the opposition request shall be sent to the applicant. The applicant, then, shall respond to the complaint in writing within 1 month. Both parties are then have a chance to provide evidence to defend themselves within a set time period. At the end, if either no opposition is filed or the applicant can justify himself/herself against all filed oppositions, the Registrar shall proceed to registration grant. Once the registration has been grated, it shall be published and ready for judicial appeal. At this time, the applicant shall be required to pay fees for registration grant and certification issuance.
Step 5: Judicial appeal of the grant
After grant publication, any third parties can file an appeal against the grant decision within 01 month since grant date.
Step 6: Issuing the trademark certification
If there is no appeal, a trademark certification is handed after 10 days after the judicial appeal period has expired.
Trademark search in Macau
The registration details of published trademarks in Macau may be searched through the computer terminals of IPD which are are available to public. In addition, applicants may request trademark searches and get the search report within 5 working days.
Priority rights for registering trademark in Macau
If the applicant have filed a prior foreign application in a member country of Paris Convention within six months before the Macau application, the applicant shall be given priority, as long as she/he provides application number, date, time, and country of the prior application. A copy of the prior application is also required by Macau Economic Services within three months after the application is filed. In case there is no previous application, the applicant may submit proofs that she or he is actually using that trademark.
Validity of trademark registration in Macau
In Macau, a trademark remains valid for 7 years since the granting date.
A trademark may be renewed unlimited times each for 07 years.
Trademark renewal shall be conducted within 06 months before the expiry date of the trademark. Within 5 days after the renewal request has been well received, a notification about the renewal shall be published by the national intellectual property office, and the trademark shall be renewed 10 days after that.