Macao Trademark Registration

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Release time:2016-05-12

1.Application Conditions

-Any holder of a Macao SAR resident identity card
-Any legal person established under the laws of the Macao SAR.
-If the applicant is not a natural or legal person residing or established in the Macao Special Administrative Region, he or she must appoint one of the following persons as his or her agent and submit a valid power of attorney.

1. Lawyers registered with the Lawyers Union of the Macao SAR
2. Natural persons residing in the Macao SAR
3. Legal persons established under the laws of the Macao Special Administrative Region
4. Official agents of industrial property who are licensed or qualified to serve in the Macao Special Administrative Region.

 

2.Registration Validity Period
The trademark registration is valid for 7 years from the date of approval, and then renewed for 7 years each time, with no limit on the number of renewals. The renewal application should be submitted and the renewal fee paid within the last 6 months of the registration validity period.

 

3.Documents to be submitted for application
1. Letter of Authorization (Notarization)
2. Confirmation of Applicant
3. Trademark pattern

 

4.Procedure after filing an application for trademark registration

Formal Review

The Intellectual Property Office will conduct a formal review of the application within one month of receipt of the application to check whether the form of the application, the completion of the application form and the attachments are in compliance with the provisions of the relevant legislation, and to classify the products or services concerned.

 

Supplementary submission of application materials

If the information submitted in the application is incorrect, the applicant shall bring the application into compliance within the period specified in the notice of the Intellectual Property Office. Or in the absence of notice, the applicant shall, within three months from the date of submission of the application, bring the application into compliance with the current order.

 

application accepted

If the application meets the requirements, the application will be published in the second group of the Macao Special Administrative Region Gazette on the first Wednesday of the following month. For example, applications submitted in one month will be published in March.

 

Objection

Any person may, within two months after the publication of an application for registration of a trademark in the Macao Special Administrative Region Gazette, file a declaration of objection to the application for registration. A copy of the dissenting letter will be sent to the applicant, who shall reply in the form of a statement of defense within one month of the date of notification. The parties may present evidence in support of or against the application within a certain period of time. After the expiry of the month-long period of disapproval, the Intellectual Property Office will conduct a review and analysis and make a decision on whether to approve the registration.

 

Approval of applications for registration

After the application for registration of a trademark is approved, a notice will be published in the second group of the Macao Special Administrative Region Gazette on the first Wednesday of each month, including the number of the application for registration of the trademark and the name of the applicant. The applicant shall, within 6 months from the date of publication of the approval of the registration application in the Macao Special Administrative Region Gazette, pay the fee for approval and issuance of the registration certificate by completing the Application for Other Acts provided free of charge by the Intellectual Property Office. The relevant registration certificate will be issued within 15 working days of payment.

 

Application for registration rejected

If the application does not comply with the provisions of the Legal System of Industrial Property, the Intellectual Property Office will publish the decision on the rejection of the application in the Macao Special Administrative Region Gazette, and the applicant may appeal to the lower court within one month from the date of publication of the decision on the rejection.