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Basics of Trademark Registrations in Macao SAR

1.       Is an unregistered trademark usable?

A:Under the current legislation of Macao SAR, the trademark owner is not required to register his mark before using it on his goods or services. However, the owner of unregistered trademark will not possess the exclusive right to use the mark and as well as the right to prohibit others from using it.

2.       What is protected under a registered trademark?

A: A trademark owner with either a registered or an unregistered trademark may protect the mark under “Action of Unfair Competition” of the “Commercial Code”. An “Action of Unfair Competition” requires proof that the owner enjoyed prior reputation and damage inflicted on to his mark.

However, the registration of a trademark under the “Industrial Property Code” gives an owner the rights 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. He may also 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.
Registration therefore gives a right of ownership that is easier to establish than under the “Commercial Code”.

3.       How long does it take for the whole process of trademark registration to be completed?

A: Trademark registration usually takes about six months, on the condition that all requirements are met and there is no opposition from third parties.

4.       Is advertisement considered as use of trademark?

A: Yes. Advertisement helps consumers to relate goods with specified trademarks or manufacturers through the quality and image of the goods.

5.       What happens to the ownership of a trademark when the owner dies?

A: When the owner of a trademark dies, the ownership can be transferred to a successor, subject to the execution of relevant procedures.

6.       How to represent the colors of a trademark upon application of the registration?

A: The applicant can express the colors by writing a description of the colors on the application form, since publication in the Official Gazette of Macao SAR is printed in black and white.

7.       What are the benefits of pre-application search?

A: Trademark search can serve to provide information on trademarks registered in the Macao SAR. This helps to find out if there are any marks in the trademark register that are similar to the one intended to be applied for registration. Therefore, using trademark search appropriately can minimize the refusal of trademark registration.

Our firm can help clients conduct online trademark search in the website of the Macao Economic Services. It is a convenient service and shortens the time needed for trademark registration.

8.       If the text of a combination trademark is partially the same as the text of a registered text trademark, can the combination trademark be registered?

A: Regarding a trademark formed by texts and figures, the examined aspects include the overall image of the mark and its major parts. The major parts include pronunciation of texts, meanings, layout, quantity of text, arrangement, distinctive parts of the texts and figures, etc.
Therefore, registration of this trademark depends on the actual conditions of each case. However, the object is to prevent consumers from being confused by trademarks available in the market.

9.       For which words, signs or symbols that trademark’s owners do not possess the exclusive right to use?

A: If a trademark consists of elements that express the type, quality, function, geographic indications or value of the goods or the services, or commonly used language, or signs or symbols that are widely used in business sector, the signs or symbols in his mark will not be solely used by the registered trademark’s owner, which means the applicant does not possess the exclusive right to use them.

Example: If applicant files an application with “XX Bank” or “XX Cake Shop”, the trademark applicant will not possess the exclusive right to use the words “Bank” and “Cake Shop”.

10.    Is trademark protected outside the Macao SAR?

A: The Macao SAR’s trademark registration system is territorial. Trademarks granted in the Macao SAR will only get protection locally. If protection is required in other countries, it will be necessary to make separate applications in those other countries.  we have long standing relationships with firms globally should you wish to use us for assisting with your global filing needs and take advantage of our corporate rates.

11.    Is a Mainland registered trademark effective in the Macao SAR?

A: Since the Macao SAR’s trademark registration system is territorial, only the trademarks registered in the Macao SAR can be protected locally. A new application of trademark registration is required in order to obtain protection in the Macao SAR.

12.    How are goods and services classified in Macao SAR?

A: Applicants can refer to the “Nice Classification” issued by the World Intellectual Property Organization to classify the goods and services for their trademarks.

For details, please refer to the website:

13.    How can I apply for a trademark used in several classes of goods or services?

A: According to article 204 of the “Industrial Property Code”, applicants can only request one class per each trademark application. Therefore, applicants need to submit several applications separately in order to register a trademark for several classes. For example, a person plans to register a trademark for clothes and a beauty center, he needs to submit two separate applications.

14.    Do I need to submit a “Power of Attorney” for application of trademark registration?
A: Yes.  If you do not hold a valid Macao SAR Resident Identity Card, or are not a body corporate registered in the Macao SAR then a POA is required.  Macao Victory can appointed as proxy, via submission of the relevant “Power of Attorney”

14A.  If the POA is not in Chinese or Portugese, is an official translation required?
Yes, If the “Power of Attorney” is not written in Chinese or Portuguese, a translated copy is required for additional submission.

15.    What is the stamp-duty required to be affixed onto the “Power of Attorney” and its translated version?

A: For “Power of Attorney”, stamp-duty in the amount of MOP 25 and MOP 5 are required to be affixed onto the first page and each subsequent page respectively. For the translated versions, stamp-duty in the amount of MOP 15 and MOP 5 are required to be affixed onto the first page and each subsequent page.

16.    How to alter the information of an application that has been filed?

A: The applicant should submit a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form, it can be prepared by us) with the relevant supporting documents and fees in respect of the request for the alteration.

17.    How to find publications regarding trademark registration?

A: The industrial property protection notices posted on the Official Gazette of Macao SAR are available in the Internet. Please refer to “Official Gazette – Registration of Trademarks” in the website of Government Printing Bureau. The website is

18.    How to oppose a filed application for trademark registration?

A: Any person may file an opposition to the registration at the Intellectual Property Department during a two months period after the publication of the application in the Official Gazette of Macao SAR( Please consult us for more information).

19.    How can we transfer the ownership of a trademark?
A: The applicant or owner may complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form, will be prepared by us), accompanied by documents that verify the transfer, and the original “Trademark Registration Certificate” (for those who have their trademarks registration granted), and submit the application to the Intellectual Property Department with the relevant application fees.

20.    How to update the name / address of a company for which an application has been filed?

A: The name / address of a company can be altered by submitting a completed “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form.  This will be prepared by us).

21.    How to renew the registration of a trademark?

A: A trademark, when registered, is valid for 7 years counting from the date of the respective granting. It may be renewed indefinitely, and each renewal will extend the trademark’s validity for another 7 years.

Within the final 6 months of the registration validity, the applicant should complete the “其他行為申請書 / Pedido de Outros Actos” form (Request for Other Actions Form), accompanied by the original “Trademark Registration Certificate”, and submit the application to the Intellectual Property Department with the renewal fees.

If the registration has been expired for 6 months or less, the applicant should perform the above procedure for renewal with an additional administration fee. If the registration has been expired for more than 6 months, the applicant will need to apply for the registration again.

22.    What can I do if my application for trademark registration is rejected?
A: The decision of approval or refusal of a trademark registration is published in the Official Gazette of the Macao SAR. According to item a) of article 275 of the “Industrial Property Code”


An  appeal against that decision should be lodged with the Court of First Instance.  Moreover, it should be lodged within 1 month of the date of publication thereof in the Official Gazette of Macao SAR, according to article 277 of the Code.

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