Macau Trademarks & Service Marks Applications

Overview

The trademark law of Macau (Macau Special Administration Region) classifies trademarks as being commercial or industrial trademarks, handicraft trademarks, collective trademarks, serial trademarks, stereo trademarks, and three-dimensional marks. If they are used in a unique and remarkable way, colors and other necessary aspects can be used in combination with designs and words in a trademark.

Trademark applications are dealt with by the Department of Economic Services in Macau . Prior to examination an application will be published in the Official Gazette of Macau for opposition purposes. Within two months from the publication, any interested party may file an opposition. After the opposition period has lapsed without oppositions having been filed, or after the opposition proceedings have terminated, the application will be examined as to form, registrability, and prior conflicting registrations.

Appeal against the decision of the Department may be lodged with the Court within 30 days from notification. Both applicant and an opposing party may lodge an appeal. Further appeal lies with the High Court of Justice.

If no oppositions are filed, or the oppositions decided upon in favor of the applicant, and no prior conflicting registration nor any other ground for refusal is found, registration will be granted, and published in the Official Gazette.

The documents required for filing include:

• Completing an application form (information will include the name, address and nationality of the applicant)
• A notarized Power of Attorney.
  The Power of Attorney may be executed in either Portuguese and the English language, or only in English.
• Three specimens of the trademark, adhered to as per the designated position on the application form, or indication if the trademark is a word mark.
• Indication of goods and services (Macau has adopted the International Classification of Goods and Services).
• Two photolithographs for typographical reproduction. Maximum dimensions: 7.8cm by 8cm; minimum dimensions: 1.5cm by 1.5cm.
• Priority document if priority is to be claimed. The applicant must provide the prior application number, date and time of lodge, and name of the country on the application form, and provide a copy of the prior application to the Macau Economic Services within three months of the application being lodged. The prior application must have been lodged in a member country of the Paris Convention, and must be claimed in Macau within six months.
• Authorization from a third party if the trademark includes the name, company name, flag, logo, or icon of that third party

Points to Note

In Macau, a trademark is required to remain unchanged. Any alteration in its features requires a new registration and publication. Likewise, changes of address of the head office and trade name or company name of the trademark owner shall be registered and published in order to be effective for third parties.

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