Macau (MO)
Legal basis is the law of Macau, namely the Industrial Property Code, Decree-Law no. 97/99/M in force since December 13, 1999. Some IP relevant provisions may also be found in the Commercial code and the Copyright Act.
Macao is not a member of the Madrid Agreement or Protocol.
Trademark protection is obtained by registration. Well-known status is recognised but its enforceability is dependent on registration.
Nice classification, 9th edition
Registrable as a trademark are all distinctive and graphically representable signs, three-dimensional forms, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: product marks, service marks, collective marks and certification marks.
The application is filed at the Macau Economic Services - Intellectual Property Department by a local agent.
Multiple-class and series applications are not possible. Separate applications have to be filed for each mark in each class.
Foreign applicants need a local agent.
A signed and notarized power of attorney is required. Legalization is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published two (2) times in the official gazette prior to registration. The first publication is merely for publicity purposes and marks the two month term for opposition. The second publications makes known the IP Office's decision to grant/refuse registration after the examination process is concluded.
The approximate time frame for completing the registration process of a trademark in Macao is approximately 6 to 8 months, on the condition that all requirements are met and there is no opposition from third parties..
National:
The opposition period is 2 months from the date of the first publication of the application.
Protection begins with the date of registration. A trademark registration is valid for 7 years from the date of registration. The registration is renewable for periods of 7 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is MOP 1,000 (approx. USD 125) for one mark and one class. No publication fee or registration fee is due.
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Practical details on trademark licensing are available in our publication
here
Nov 07, 2019
Inventa International, Macau, Macau
Aug 05, 2019
P. C. & Associates, Beijing, China
