Introduction to Macau (Macao) Trademark Registration System
Official Office for Trade Mark Registration
Macau Intellectual Property Department
Joined International Treaties for Trade Marks
Nil-
Principle on Trade Mark Protection
Macau adopts "first-to-file" for trademark protection, and the Industrial Property Code of Macau protects merely the registered trademarks.
If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action.
Further, Macau protects un-registered marks which used not exceeding 6 months and/or being “well-known”. The un-registered trademark owner enjoys a priority right to have it registered and may lodge a complaint against an application filed by somebody else, but no right to raise any court action.
Kinds of Registrable Trade Marks
In Macau, the term “trademark” merely includes word mark, device mark, their combination, and sound mark.
In addition, there are special trademarks are enacted and protected, such as “certification mark”, “collective trademark” and “Joint trademark”.
Required Information and Documents
1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark;
5. A notarized Power of Attorney; and
6. Priority document, if any.
Timeframe and Procedure for Application
If an application goes smoothly, the whole registration procedure takes about 8-12 months.
A trademark application in Macau usually takes about 5-8 months for examination, if there is no any refusal, it will then publish 2 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 2 weeks after the end of publication.
Duration and Renewal of Registration
A trade mark registration in Macau is valid for 7 years from the date of application, which can be renewed every 7 years, from 6 months before the renewal due date or up to 6 months after the date expires.
Cancellation System
If a registered trademark has not been actual used in Macau by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.
Relevant Information
Macau Trademark Registration Costs and Procedures
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