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Macao Trademark Registration

Update Date:2016-1-11 18:33:48 Source:Tannet (Malaysia) Sdn Bhd Views:936

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Macao trademark registration is under the “Industrial Property Code” gives an owner the right to prevent third parties from using his mark, or a deceptively similar mark, without the owner’s consent for the products or services for which it is registered. Mark’s owner may also can prevent other persons from using the mark in relation to products or services for which his mark is registered or in relation to similar products or services. Therefore, Macao trademark registration gives a right of ownership that is easier to establish than under the “Commercial Code”.



There are different kinds of trademark in Macao

a. Product trademark: a trademark used on products or their packaging. 


b. Service trademark: a trademark used in the course of the rendering of a service, in order to identify the service provider.


c. Association trademark: a specific sign belonging to an association of individuals and/or bodies corporate, whose members use or have the intention of using the sign for products or services.


d. Certification trademark: a specific sign belonging to a corporate entity that controls the products or services or establishes the regulations with which they must comply and that is to be used on the products or services subjected to that control or for which the regulations were established. 


e. Three-dimensional trademark: a trademark based on the 3D appearance of the product or its container.


f. Sound trademark: a type of non-physical trademark that uses a specific type of sound used in trademark registration. A product or a type of service may be represented by means of a distinct tone or strings of tones.


Requirement of Macao Trademark Registration

1. The completed “Application for Registration of Trademark” form, (can be prepared by our firm);

2. Notarized Power of Attorney;

3. Where appropriate, submit the following documents:

(1)Document of priority right;

(2)If the certificates or other documents are not written in official languages of MSAR, translated copies should be submitted in any official languages of MSAR (Chinese or Portuguese);

 

Validity of the Trademark Protection

The registration of Macao trademark is valid for 7 years counted from the date of granting. It may be renewed indefinitely, and each renewal will extend the validity for another 7 years. Within the six-month’s period right before the date of expiration, the right-holder of trademark can submit the application of renewal.


Macau Trademark Renewal

Within the final 6 months of the registration validity, the applicant should renew his trademark protection and pay the respective renewal fee. The notice of the renewal will be published in the Official Bulletin of Macao SAR. After the renewal notice has been issued, the IPD will file and return the renewed registration certificate to the holder.


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