Some of the most Frequently Asked Questions in our field of expertise

Can a Trade Mark be used immediately after the filing of the Application?

A Trade Mark can be used independently of the registration. However, only the registration grants the ownership and the exclusive use of the Trade Mark.

Ideas or business models can be patented?

No, in Portugal it is not possible to protect ideas or business models through patent rights. According to the Portuguese IP Law, both ideas and business models are specific exclusions that may not be subject to protection by a patent.

Is the filing for a trademark mandatory?

The filing of a trademark is not a legal requirement necessary to its commercialization. However, it is important to safeguard that the trademark used does not infringe any thirds rights, and the filing process prevents it.

Is there a worldwide trademark registration?

There is no single registration that protects your brand worldwide. The best alternative is the international registration that makes use of the Madrid System, managed by WIPO (World Intellectual Property Organization). This registration allows you to register and protect your brand in a large number of jurisdictions (currently there are 117 countries belonging to the Madrid System).

What are the advantages of protecting your invention?

The protection of your invention has as a primary goal the impediment of some other entity using your own creation. It protects your investment in that, for 20 years, you can guarantee an exclusive use of your new product.

What is a patent?

It is an Industrial Property right, that protects new inventions, that imply an inventive activity and are susceptibles of industrial application. The invention patents grant an exclusive right of comercialization and a prohibition of use of said invention in a specific territory, and for a determined length of time.

What is a PPP (Provisional Patent Application)?

An administrative process used by who wishes to ensure the priority rights to a Patent application and does not have in his power all the necessary documents to file for a patent application. This application should be converted into a definitive application within a maximum duration of 12 months. This temporary application is usually included with a document containing the title of the invention and its description, but must contain all the necessary information, in order to avoid being issued with an subsequent addition of technical matter.

What is a Trade Mark?

Sign or set of signs, capable of being represented graphically, suitable for diferenciating the products or services of one company from the ones offered by other companies. The registration of this sign gives the holder an exclusive right.

What is an Utility Model?

It is an Industrial Property right that protects new inventions, that imply inventive activity and are suceptibles of industrial application. Its protection follows an administrative proceeding that is simples and more accelerated than that of a patent.

What is the advantage of registering a Trade Mark?

The registration of a Trade Mark grants to its owner the right to prevent third parties, without his consent, to use any sign equal or similar, applied to products or services equal or similar and that, derived from the likeliness of the signs, may cause a risk of confusion in the mind of the consumer.

What is the advantage of using the services of an Industrial Property Attorney?

The AOPI are specialists in the field of Industrial Property, acknowledged by the Portuguese National Office. Due to their experience and knowledge in the field, they ensure the necessary qualifications and professional competence in the preparation, monitoring and surveillance of the protection rights applications with the INPI and other national, international and supranational entities.

What is the Industrial Property?

The Industrial Property plays the role of guaranteeing the loyalty of the competition, through the attribution of private rights related with the technical production processes and the development of wealth.

What is the required criteria for the obtention of a Patent?

In order to obtain a Patent, your invention has to comply with three requirements: Novelty, Industrial Application and it cannot be an obvious evolution for a professional in the subject.

Which countries are covered by the international trademark registration?

At this moment, the international trademark registration, governed by the Madrid System, allows for the designation of 117 member states of the Madrid Protocol or Agreement. You can consult the full member list here.

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