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Trademark Systems

Macao

Trademark

I. GENERAL

 
A. Right Afforded by registration
First to file principle. 
If an unregistered mark is used in Macau for up to six months, during that period the owner of the mark has the right to file an application for registration or to oppose other’s application based on his unregistered mark.  
B. Time Frame for Obtaining Registration
About 6 to 12 months for a regular prosecution without opposition. 
 

II. PRE-FILING

 
A. Registrable Trademarks
A trademark shall refer to any sign with distinctiveness
Words;
Designs;
Symbols;
Sounds.
In addition to regular trademark registrations, the following types of trademarks are registrable:
Collective marks;
Certification marks;
Service marks.
B. Searching
Pre-filing search is not mandatory but it is recommended.

 

III. FILING

 
A. Requirements
Name of the applicant;
Address of the applicant;
Country of applicant;
Description of trademark;
Representation trademark;
List of goods/services;
A notarized Power of attorney. 
B. Priority
An application filed in any of the WTO member countries within the latest six months (The corresponding application should be the one first filed for the mark around the world).
C. Classification
Nice Classification System
A single trademark application can ONLY include one class
 

IV. RENEWAL

 
7 years from the publication date of registration
The duration of each renewal is 7 years.
A request for renewal should be made within 6 months before the date of expiry of the period of the trademark right.
The number of times of renewals is not limited. 
 

V. OPPOSITION

 
Within 2 months from the publication date 
 

VI. REVOCATION

 
The trademark registration may be revoked if the trademark has not yet been put to use or such use has been suspended for a continuous period of not less than 3 years without proper reasons for non-use.
 

VII. ADMINISTRATIVE LITIGATION 

 
In disagreement with the Intellectual Property Office’s decision, an appeal can be lodged with the Court of First Instance within 1 month from the receipt of the unfavored decision. 
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