Registration of Trademarks, Patents and Designs

July, 2024

Industrial property law ensures the exclusive use of trademarks, inventions (patents and utility models), distinctive trade signs (brands, logos, designations of origin and protected geographical indications) or designs (drawings or models). This industrial property right, and consequent exclusive use, is guaranteed by registration which, although not compulsory, is the only form of legal protection.

1. Registration of Industrial Property

1.1 Industrial property rights ensure the exclusive use, production and marketing of patents, trademarks, logos and designs.

1.2 In order for industrial property rights to be exercised, preventing the use of trademarks and designs by third parties, it is essential to register the industrial property. Only by registering with the National Institute of Industrial Property (INPI) is there legal protection.

1.3 As a rule, the exclusivity rights granted by registration with the INPI are only valid in national territory, so if the holder of this right is interested in exporting products, they can opt for EU registration or international registration.

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2. Trademark Registration

2.1 Registering a trademark gives its owner the right to industrial property and exclusive use of the trademark for the products and services for which it is intended.

2.2 The application to register a trademark is made by means of a request, addressed to the INPI, which must indicate, in particular:

  • The applicant’s name, business name or company name;
  • Domicile or place of establishment;
  • Products or services for which the trademark is intended;
  • Indication of the type of trademark to be registered;
  • Explicit indication of whether the mark is a collective mark or a certification or guarantee mark.

3. Logo Registration

3.1 The registration of a logo gives its owner the right to industrial property and exclusivity of the logo to designate a particular entity that provides services or markets products.

3.2 The request for logo registration is made by means of an application, addressed to the INPI, which must indicate, in particular:

  • The applicant’s name, business name or company name;
  • Domicile or place of establishment;
  • Type of services provided or products marketed;
  • The color or colors in which the logo is used;
  • Graphic representation of the sign.

4. Patent Registration

4.1 Patent registration protects an invention from being used, produced or marketed by others without the owner’s authorization.

4.2 The request for patent registration is made by means of an application, addressed to the INPI, which must indicate, in particular:

  • The applicant’s name, business name or company name;
  • Domicile or place of establishment;
  • Heading or title summarizing the subject of the invention;
  • Name or country of residence of the inventor;
  • Claims of what is considered new and what characterizes the invention;
  • Description of the object of the invention;
  • Summary of the invention.
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5. Design Registration

5.1 The registration of a design confers on its owner the exclusive right to use it and to prohibit its use by third parties without his consent.

5.2 The application for design registration is made by means of a request, addressed to the INPI, which must indicate, in particular:

  • Name, business name or company name of the applicant;
  • Domicile or place of establishment;
  • Indication of the products in which the design is intended to be applied;
  • Name and country of residence of the designer;
  • Colors, if claimed;
  • Graphic or photographic representations of the design.

Andrade and Sousa Lawyers

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BNA | National Lease Counter

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The special eviction procedure is a procedural means designed to bring about the termination of the lease, regardless of the purpose for which it is intended, when the tenant fails to vacate the premises on the date provided for by law or on the date set by agreement between the parties, and may be combined with a request for payment of unpaid rents.

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1. Scope

1.1 The special eviction procedure, which is processed electronically, takes place exclusively at the National Rental Counter (BNA), a body under the Directorate-General for the Administration of Justice (DGAJ) and which covers the entire national territory.

1.2 This procedure applies in cases of termination of the contract by agreement (revocation), by opposition to renewal by either the landlord or the tenant, by expiry of the term set out in the contract, by termination of the contract by the landlord or the tenant, by termination on the grounds of late payment of rent and by termination on the grounds of the tenant’s opposition to the carrying out of works.

1.3 Admission to this procedure depends, in addition to other conditions, on the existence of a written lease and proof that the respective stamp duty has been paid.

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2. Procedure

2.1 The eviction request is a specific form, essentially electronic, approved by order of the Minister of Justice, through which the landlord requests that the rented premises be vacated.

2.2 The request for eviction is submitted to the BNA in one of the following ways:

a) Through a lawyer or solicitor, by filling in and sending an electronic form available on the CITIUS computer system;

b) Through the BNA platform – http://www.bna.mj.pt – by electronically signing the citizen’s card, attaching all the documentation in scanned form and electronically signing the application;

c) By filling in the eviction request form directly on the BNA platform. Once validated, the system will provide a reference with which the landlord, within 10 days, must go, accompanied by a paper version of all the documents he wishes to attach, to a court office where the process will be completed;

d) By submitting a paper application to a court office, accompanied by all the documents you wish to attach, duly completed and signed, and then entered into the BNA platform by the respective officials.

2.3 After submitting the eviction request electronically, the system will automatically assign a reference that will be made available to the landlord for the purpose of paying the court fee, without prejudice to the fact that the landlord may have previously been granted legal aid by the social security system.

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3. Opposition

3.1 The tenant has 15 days from the notification of the eviction request to submit the opposition electronically, which can be submitted in one of the following ways:

a) By lawyer, through electronic submission in the CITIUS computer system;

b) It can be delivered in paper form to the BNA, together with the paper version of all the documents that must accompany it;

c) It can also be sent by post, under registration, to the BNA, together with the paper version of all the documents that must accompany it.

3.2 If the tenant does not oppose the eviction request, it is automatically converted into a notice to vacate the premises. In this case, the tenant has 30 days to remove their belongings, failing which they will be considered abandoned.

3.3 The judge will only intervene if the tenant objects to the eviction request, in which case a court hearing will take place.