Patent Registration in Macau
Every document must be submitted in one of the official languages, Chinese or Portuguese.
1. Applicant - name, nationality, address and commercial nature (commercial, industrial or other);
2. Inventor - name, nationality and address of the inventor;
3. Abstract of the invention with a summary description (not more than 150 words or 400 characters);
4. Description of invention patent;
5. Claims on what is considered the novelty and on the characteristics of the invention;
6. Descriptive drawings (if applicable);
7. Power of attorney notarized.
8. Priority – if claimed priority filing date, number and country along with a certified copy of the priority application (within the 3 months that follow the application).
18 months after application notice will be published in the Official Gazzete. If no third party lodges any opposition, the Macau Patent authority will proceed with a material exam that shall take about 6 Months. Within the 3 years that follow the filing, the applicant
must request or submit the examination report. Should you pursue with us the substantial examination request. If all is filed and requested without delays the Macau Economic Services is taking 3 years from receipt of the application to registration, provided that there are no deficiencies in the application and no objections are raised by the Macau Economic
Services or by a third party.
If granted, the registration will be effective for 20 years from the day of application.
Trademark Law in Macau
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. Multiple-class and series applications are not possible. Separate applications have to be filed for each mark in each class.
Trademark Registration Procedure in Macau
The application is filed at the Macau Economic Services - Intellectual Property Department by a local agent.
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 8 to 9 months, on the condition that all requirements are met and there is no opposition from third parties.
National Opposition Period
The opposition period is 2 months from the date of the first publication of the application.
Trademark Application Requirements:
1. Applicant information (name and address);
2. The trademarks to be applied;
3. If device mark, please send in JPEG format;
4. Class of products and services and the list of goods to be covered by each application;
5. Indicate if colors or priority are being claimed (in which case let us know what colors or the application number, country of application and date of application);
6. A separate application should be filed for each class;
7. Power of Attorney (PoA): Original should be notarized and apostille and submitted within 30 days after Registrar notification (The Hague Apostille aims to reduce any possible dispute from the Registrar. Should you wish to take that (small) risk, then legalization can be avoided). This deadline can be extended for 30 days.
8. A certified copy of the priority document in case priority is claimed, should be provided within 3 months of filing date;
* Every document must be submitted in one of the official languages, Chinese or Portuguese.
The registration procedure of a trademark takes roughly around 8 to 9 months (if no opposition is lodged by any interested third parties).
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.