macau trademark assignment

Macau International Intellectual Property Office

• patents / UM / designs
• Hong Kong Center

trademark - faqs

Who can apply for a trademark in macau.

 Macau trademark law is applicable to the following people:

• Macau residents
• Citizens of any country in the Paris Convention union (or its revised versions).
• Any person who resides in or owns a business location in any country in the Paris Convention union.
• Citizens of those countries that have signed related agreements with Macau.

How do I register a trademark in Macau?

See Filing Requirements: Trademarks and Service Marks.

Additional Points to Note: If you have not lodged any trademark application in any member country in the Paris Convention, you need to submit proofs that you are actually using that trademark.

How long does a trademark registered in Macau remain valid?

Notices of filing a trademark application are published in the Macau Official Gazette, so that opposition can be filed within two months from the date of publication of this notice.

Upon receipt of an opposition, the Macau Economic Services will notify the applicant of the opposition within 15 days and the applicant can present a statement of defense. Then, the Macau Economic Services will proceed to review the application for registration and make a decision. The aggrieved party may lodge an appeal to the court within 30 days from the publication of the decision in the Macau Official Gazette.

The first to file rule applies in Macau. That is, registration of ownership of a trademark is granted to the first applicant for registration, except in the case of priority awarded to application for registration originally filed in one of the Paris Convention countries and of priority based on the use of a non-registered trademark.

Can I 'register' a trademark before I'm ready to use it?

Yes, even if you do not immediately use the trademark, you may register provided that the same or similar trademark has not already been registered, and your mark satisfies the other necessary requirements. Then you will have all rights in the trademark, even if somebody subsequently attempts to use it before you are ready to use. However, the trademark must be used within three years. If you have not used the mark for three consecutive years after the registration without any justified reason, any party may request to cancel the trademark. 

Can I claim priority for a trademark?

If you have lodged another trademark application in a member country in the Paris Convention and within six months lodge an application in Macau, your application will be given priority, provided that on your application you write down your prior application number, date and time of lodge, and name of the country. You must also submit a copy of the prior application to the Macau Economic Services within three months after you lodge your application.

If you have not lodged any trademark application in any member country in the Paris Convention, you need to submit proofs that you are actually using that trademark.

What will happen once a trademark is registered?

 Registration of a trademark requires payment of a registration fee, after which a corresponding registration certificate will be issued. The establishment of a trademark is also reported to the Automobile and Commercial Registry.

What are the regulations concerning the assigning and licensing of a trademark?

Any person having been assigned the rights shall have no locus standi against any third party unless application for change of applicant has been approved. The holder of the trademark is allowed to assign his right aside from the business premises. This assignment is executed by private contract, or by notary deed when there is an assignment of the trademark and of the business premises. There is a presumption of assignment of the trademark in the event of assignment of the general business, unless otherwise stipulated.

The license holder can grant a license for exploitation through a written contract, provided that it is signed before a notary public. The licensee is not allowed to assign his/her right unless he/she obtains permission or if this is provided in the contract.

What is the trademark use and protection time frame?

Trademark registration is effective from the date of authorization, lasting for seven years, counting from the approval of the application. It is renewable for equal lengths of time, and must be renewed prior to six months before its expiration.

Non-registered trademarks can be used. Whoever uses a non-registered trademark for six months has priority and within this period of six months, has filing priority and may oppose applications already filed by others.

The holder of the trademark has the right to attach indications of trademark or any equivalent expressions or abbreviations in English, or any equivalent expressions or abbreviations in English, or their equivalent in Chinese or the Romanized expressions from Cantonese or Mandarin.

Seven years starting from the date of approval of the application. It should be renewed prior to six months before its expiration.

patent - FAQS

Who can apply for a patent.

The right to apply for a patent belongs initially to the inventor(s), with some exceptions. If an inventor sells the rights to an invention to another party, then that party may apply for the patent. If an invention is made during the course of an inventor's employment, the employer may, in some circumstances, automatically acquire the right to apply for the patent. If an inventor dies or is incapacitated, the right to apply may then rest with the inventor's executor, administrator or other representative. 

What's the difference between a patent invention and a utility model?

 A patent must show inventiveness, which is measured by the level of applied technology, and should involve a degree of creativity surpassing the prior art; practical applicability (i.e. can be mass-produced), and novelty.

Utility models, however, are models of objects or parts of objects (appliances, instruments, tools, etc.) made for practical use, which, by means of a new shape or configuration or a new mechanism, increase or improve the handling of such objects. Utility models must be three-dimensional.

What can be patented?

"Inventions" are patentable. An invention must be useful, novel and involve an inventive step compared to the closest prior art. A new product, process or apparatus will generally be patentable; a new improvement to an existing product, process or apparatus also can be patented. 

May I always exploit my own invention when I obtain a patent?

No. A patent does not entitle the patent owner to make, use or sell the patented invention; it only allows the patent owner to prevent others from doing so. To make, use or sell one's own invention may infringe another patent, particularly if an invention is an improvement on a prior invention. In this situation, producing the improved product may infringe a patent for the original product. To prevent this from occurring, infringement searches can be conducted. 

Which application is deserved the grant of patent when two or more applications to the same inventio

The first to file rule applies. The patent will be granted to whichever party files the first patent application, regardless of who made the invention first. It is therefore important not to delay filing a patent application. 

Is it necessary to conduct prior art searches before filing a patent application?

If possible, it is best to conduct a search before applying for a patent. If the invention has been disclosed elsewhere, then the invention may not be patentable. The search will determine whether patents or publications disclosing the invention exist.

As the cost of a search is generally far less than the cost of a patent application, a search is a relatively inexpensive method for an inventor to decide whether to spend a larger amount on a patent application.

Searches can take considerable time, however, which some inventors may not have. Moreover, it must be remembered that no search can absolutely determine the pantentability of any invention. Search results are merely a useful guide in deciding whether an invention may be worth patenting.

May I disclose the invention before I apply for a patent?

 It is safest to keep your invention confidential, at least until you file a patent application. If your invention is disclosed in any publication anywhere in the world prior to the filing of the application, the invention is no longer patentable. 

What recourse do I have if my patent application is rejected?

If the examination finds that the patent cannot be accepted, then the examination report will be sent to the applicant, who will be notified to reply to the rejections within two months. The applicant’s reply should remove doubts and lead the Examiner to conclude that the patent should be granted and published in the Industrial Property Gazette (IPG). If the applicant fails to convince the Examiner, then the Examiner will propose that the patent be rejected, and this result will also be published. 

Are all patent applications subject to substantive examination?

Yes. An examination of the application is conducted together with the respective international classifications, after which a report is prepared within six months from the publication of the notice of application. A patent is granted or rejected according to the examination. If the examination is favorable, a notice will be published in the Macau Official Gazette, to allow for third party opposition. If there is no opposition or rejection of the patent, the patent will be granted. 

May I prohibit a third party from making, using or selling my invention before I get a patent?

No. You can prohibit others from making, using or selling your invention only after you receive a patent for your invention. However, provisional protection is provided for a laid-open published application, which enables you to recover compensation as a license royalty for the patented invention, if granted. To do this, you must notify the third party that you are applying for a patent for your invention and that the application is laid open published. 

May I provide to the Examiner information that the invention lacks novelty and/or inventive steps?

Yes. Once the application is laid-open, any party can submit information claiming that an invention lacks novelty and/or an inventive step together with related evidence. An examination will be made of the invention. After the examination is complete, the Examiner will advise the submitter of whether or not such material was used in making the examination. 

How long does a patent and utility model registered in Macau remain valid?

Patents: 20 years from the filing date of the application.

Utility Models: 6 years from the filing date of the application, extendable two times with 2 additional years, so that the maximum duration of the registration is 10 years from the filing date of the application. 

Industrial Designs & Patterns: 5 years from the filing date of the application, extendable four times with a further 5-year period, so that the maximum duration of the registration is 25 years from the filing date of the application. 

  Rua de Pequim, No.126   Centro Comercial de I Tak, 14 andar D   MACAU

  TEL: + 853 28 785 700 and 780 810   Fax: + 853 28 785 711

  E-mail: [email protected]

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Registration of Trademark

Service Overview

A trademark is a sign used by manufacturers or business operators in their goods or services to distinguish them from the goods or services of others. Trademark is one of the essential components in the field of intellectual property. Registration of trademark is not compulsory in the Macao SAR.

Service target and eligibility

• Macao SAR Resident Identity Card holders
• Legal persons constituted according to the law of the Macao SAR
• Other applicants must appoint one of the following entities as agent with an effective Power of Attorney: 3.1 A lawyer registered with the Macao Lawyers Association 3.2 A Macao SAR Resident Identity Card holder 3.3 A legal person constituted according to the law of the Macao SAR

Formalities and Documents Required for Application

Online application (Applicable to individual applicants and individuals who are appointed as application agent):

1.1 First-time user – Should apply for a “Qualified Certificate (QC)” for creating “Qualified Electronic Signature (QES)” in an accredited certification entity (such as eSignTrust of the Macao Post and Telecommunications Bureau) with the Macao SAR Permanent Resident Identity Card; – Register as “Authenticated User – Authentication of Online Application (online application service with identity authentication can be used for making this application)” with the above mentioned electronic certificate on the webpage of Economic and Technological Development Bureau (DSEDT) (For more details, please visit the webpage “Intellectual Property – Online Services” on the DSEDT website, available in Chinese or Portuguese only).

1.2 Authenticated user – After login into the DSEDT system, choose the required online service through “Administrative Services – e-Services – Online Application”; – Complete the online form, use the valid “Qualified Certificate (QC)” to generate and affix a “Qualified Electronic Signature (QES)” to the form, and submit it; – Complete the payment online through the Electronic Payment Platform of Postal Savings.

Apply in person:

2.1 The applicant should complete the “Application Form of Trademark Registration” ( Format ECO-051 ) in Chinese or Portuguese (the form can be obtained at the service location or downloaded from DSEDT website) – Application may be made on behalf of an individual or a body corporate. However, if the applicant (individual or body corporate) is not a Macao SAR resident or establishment, the form should be signed by an appointed agent; – After signing the form, signature authentication can be made at the service location by presenting the original identity document with holder’s signature sample.

2.2 Submit the form with the annexes to the Industrial Property Application Counter of Reception Centre of the Economic and Technological Development Bureau (2nd Floor).

2.3 Applicant bring along the invoice and complete the payment in MOP at the Treasury of the Reception Centre of the Economic and Technological Development Bureau (2nd Floor) within eight (8) workdays. Details of payment methods are available on the webpage “Administrative Services – Payment Methods” on the DSEDT website.

Required documents

• The completed “Application Form of Trademark Registration”:Online application: Complete the form via the “Administrative Services – e-Services – Online Application”, and generate an electronic signature “Qualified Certificate (QC)” to complete the application form. Apply in person: The “Application Form of Trademark Registration” ( Format ECO-051 ) can be obtained at the service location or downloaded from DSEDT website

Supplementary documents required according to actual situation:

• Apply by proxy: Power of attorney (must be duly authenticated, with recognition of the identity of the authorised person and the effect of the power of attorney).
• Priority claim: An official document must be presented to confirm its priority (Priority document).
• Other supporting documents (such as authorisation, consent).
• For powers of attorneys or other documents not written in any of the official languages of the Macao SAR: – Notarised / Certified translation into one of the official languages of the Macao SAR (Chinese or Portuguese) – Stamp duty of MOP 5/page is required for translation certificate, and an additional MOP 10 for each certificate.

Application for registration: MOP 1,000

Notes / Information for Applicants

– For information of the International Classification of Goods and Services, please refer to the “ Search on Classification of Goods and Services for Trademark Registration ” on DSEDT’s official website.

• If the application is in order, notice about the application will be published in the Series II of Official Gazette of the Macao SAR on the first or third Wednesdays of every month. Within the two months of the publication, any third-party can lodge complaint in writing against the relevant registration application.
• In addition to the registration application, the applicant must complete a separate “ Application Form of Request for Other Actions ” ( Format ECO-052 ) (available at DSEDT’s service location and on its official website) for each of the above circumstances and submit together with relevant documents

(Competent department: DSEDT)

Last updated: 27/04/2023

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Trade Mark Laws and Regulations Macau 2024

ICLG - Trade Mark Laws and Regulations - Macau Chapter covers common issues in trade mark laws and regulations – including legislation, application, refusal, opposition and registration.

Chapter Content Free Access

1. relevant authorities and legislation, 2. application for a trade mark, 3. absolute grounds for refusal, 4. relative grounds for refusal, 5. opposition, 6. registration, 7. registrable transactions, 8. revocation, 9. invalidity, 10. trade mark enforcement, 11. defences to infringement, 14. border control measures, 15. other related rights, 16. domain names, 17. current developments.

1.1       What is the relevant trade mark authority in your jurisdiction?

The relevant authority is the Economic and Technological Development Services Bureau.

1.2       What is the relevant trade mark legislation in your jurisdiction?

The relevant legislation is the Industrial Property Legal Act, approved by Decree-Law no. 97/99/M, of 13 December.

2.1       What can be registered as a trade mark?

Macau allows the registration of signs or a group of signs that are able to differentiate an enterprise’s goods or services, provided they can be represented graphically, namely:

• product trade marks identifying products or their packaging;
• service trade marks identifying services rendered or the service provider;
• association trade marks identifying a specific sign that belongs to an association of individuals or corporations;
• certification trade marks identifying a specific sign that belongs to a corporation that controls products or services or that enacts the regulations that such products or services must comply with;
• three-dimensional trade marks based on the three-dimensional appearance of the product or its container;
• sound trade marks – a type of non-physical trade mark that uses a specific type of sound and is represented by means of distinctive tones or strings of tones;
• motion trade marks based on a specific motion;
• combination colour trade marks derived from a specific and distinctive application and combination of colours; and
• trade dress.

2.2       What cannot be registered as a trade mark?

Smell, taste and touch cannot be registered as they cannot be graphically represented.

2.3       What information is needed to register a trade mark?

The following information is needed:

• Applicant information – name, nationality/place of incorporation and address.
• The trade marks to be applied.  If it is a device mark, a JPEG file is required.
• Class of products and services and the list of goods to be covered by each application.
• Indication of whether colours or priority are being claimed (in which case, which colours or the application number, and country/date of application).
• A separate application should be filed for each class.
• Power of Attorney (PoA).
• Priority – if claimed, priority filing date, number and country, to be provided within three months of the filing date.

2.4       What is the general procedure for trade mark registration?

After submission of an application that fulfils all of the requirements mentioned in question 1.3 above, a formal examination is carried out and, if the Registrar has no concerns, then publication occurs within one month.  After publication, third parties have two months to oppose.  If no opposition is raised, the Registrar conducts a substantive examination and grants the trade mark if he has no concerns.  The grant is published, and third parties have one month to file a judicial appeal of the grant.  If no appeal is filed, the trade mark certificate is printed and handed over within 10 days.

2.5       How is a trade mark adequately represented?

A nominative mark is graphically represented by the word that composes the mark.  A figurative mark is graphically represented by the image that composes the mark.  A mix mark is graphically represented by the word(s) and image that compose the mark.  It is understood that to fulfil this requirement, the mark must be clear, precise, complete in itself, easily accessible, lasting and objective, so that, from registration, one can determine its exact nature.  Sound marks are represented by “musical phrases” and the application must contain the digital sound file.

2.6       How are goods and services described?

Goods and services are described by either following the Nice Classification or explaining in more detail the goods and services covered.

2.7       To the extent ‘exotic’ or unusual trade marks can be filed in your jurisdiction, are there any special measures required to file them with the relevant trade mark authority?

Only the above-mentioned trade marks listed in question 2.1 can be filed.

2.8       Is proof of use required for trade mark registrations and/or renewal purposes?

No, proof of use is not required.

2.9       What territories (including dependents, colonies, etc.) are or can be covered by a trade mark in your jurisdiction?

Macau is the only territory covered.

2.10    Who can own a trade mark in your jurisdiction?

A legal person or an individual can own a trade mark in Macau.

2.11     Can a trade mark acquire distinctive character through use?

Yes, it can.

2.12    How long on average does registration take?

The Registrar takes nine months from receipt of application to registration if no deficiencies are found and no objections are raised.

2.13    What is the average cost of obtaining a trade mark in your jurisdiction?

The cost of one trade mark in one class is US$625.00.

2.14    Is there more than one route to obtaining a registration in your jurisdiction?

No, there is not.

2.15    Is a Power of Attorney needed?

Yes, a PoA is needed.

2.16    If so, does a Power of Attorney require notarisation and/or legalisation?

The PoA original should be notarised and legalised and submitted within 30 days after Registrar notification (the Hague Apostille aims to reduce any possible dispute from the Registrar).  Should a person wish to take that (small) risk, then legalisation can be avoided.

2.17    How is priority claimed?

Priority is claimed by making reference to the priority filing in the application and by submitting the priority document within three months after the filing of the application.

2.18    Does your jurisdiction recognise Collective or Certification marks?

Yes, the Industrial Property Act specifically recognises and regulates the procedure to obtain a collective or certification mark.

3.1       What are the absolute grounds for refusal of registration?

Absolute grounds for refusal include marks that are composed exclusively of generic, descriptive, usual or weak elements, and colours, except if combined in a peculiar and distinctive manner with each other or with graphics, words or other elements.

3.2       What are the ways to overcome an absolute grounds objection?

None, if the mark suffers from said absolute grounds objection.

3.3       What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office?

A refusal of registration can be appealed to the Court of First Instance.

3.4       What is the route of appeal?

An appeal may be filed with the Court of First Instance.  The Court of First Instance will notify the Registrar, informing it of the appeal filed, and request that the case file be sent to the Court and allowing 30 days for the Registrar to answer the appeal file, if it wishes to do so.  The judgment of the Court of First Instance can be appealed to the Court of Second Instance.

4.1       What are the relative grounds for refusal of registration?

The relative grounds for refusal include when one of the following general grounds for refusal occurs: the mark is a reproduction, in whole or in part, of a notorious mark if applied to identical or similar products and may be confused with the latter or those products may establish a relationship with the owner of the notorious mark; the mark, although covering products and services not related, represents a reproduction, imitation or translation of a previous mark that is prestigious in Macau and the use of the later mark aims to take undue advantage of the distinctive character or prestige of the trade mark or may harm it; the mark may induce error, namely in regard to its nature, qualities, utility or the geographical origin of the product and service that the mark covers; reproduction or imitation of an earlier registered trade mark by a third party, for identical or similar products, which may cause error or confusion to consumers or that comprises the risk of association with the registered mark; medals, prizes, rewards, surnames, titles and honours; or reproduction of the trade name of a third party, even if not incorporated in Macau.

4.2       Are there ways to overcome a relative grounds objection?

None, if the mark suffers from said relative grounds objection.

4.3       What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office?

An appeal may be filed with the Court of First Instance.

4.4       What is the route of appeal?

5.1       On what grounds can a trade mark be opposed?

A trade mark can be opposed on any of the absolute and relative grounds mentioned above.

5.2       Who can oppose the registration of a trade mark in your jurisdiction?

A third party that owns a prior mark or application or is using a well-known or famous mark in Macau can oppose registration.

5.3       What is the procedure for opposition?

The procedure is to file an opposition with the Registrar within two months of publication of the trade mark application.

6.1       What happens when a trade mark is granted registration?

A publication of the grant is made, and the one-month appeal period starts.

6.2       From which date following application do an applicant’s trade mark rights commence?

Trade mark rights commence from the date of grant.  However, an applicant can oppose third-party application trade marks filed after the application was filed or after the date of priority claimed.

6.3       What is the term of a trade mark?

The term is seven years after grant.

6.4       How is a trade mark renewed?

Trade marks are renewed by submitting an application for renewal simply by indicating the trade mark number and owner details.

7.1       Can an individual register the assignment of a trade mark?

Yes, they can.

7.2       Are there different types of assignment?

No, there are not.

7.3       Can an individual register the licensing of a trade mark?

7.4       Are there different types of licence?

7.5       Can a trade mark licensee sue for infringement?

7.6       Are quality control clauses necessary in a licence?

No, they are not.

7.7       Can an individual register a security interest under a trade mark?

No, they cannot.

7.8       Are there different types of security interest?

8.1       What are the grounds for revocation of a trade mark?

The grounds for revocation are failure to pay renewal fees, no serious use for three consecutive years, the trade mark has suffered changes that harm its identity, has become a generic trade term, has become misleading to the consumers, or has been used in Macau but registered solely for export purposes.

8.2       What is the procedure for revocation of a trade mark?

The procedure is carried out via an application before the Economic and Technological Development Services Bureau.  The owner will be notified and will have one month to respond and provide evidence of use or grounds that prevented serious use.

8.3       Who can commence revocation proceedings?

Any third party can commence revocation proceedings.

8.4       What grounds of defence can be raised to a revocation action?

Any grounds that contradict the grounds for revocation can be raised.

8.5       What is the route of appeal from a decision of revocation?

The route of appeal is to file an appeal to the Court of First Instance.

9.1       What are the grounds for invalidity of a trade mark?

The following grounds can be used to revoke a trade mark:

• object of the mark cannot be protected;
• public order and morals have been infringed;
• infringement of the essential procedures and formalities for the grant of marks unless the mark has acquired distinctiveness through its use;
• if the legal provisions that determine the ownership of the industrial property right were infringed and when the rights of third parties, based on priority rights or others, have been infringed; and
• the registration was granted without the submission of the required proof documents or authorisations, or if the mark infringes the Industrial Property Act provisions concerning relative grounds of opposition.

9.2       What is the procedure for invalidation of a trade mark?

The procedure is to file a revocation in the Court of First Instance.

9.3       Who can commence invalidation proceedings?

Any third party can commence revocation proceedings when the grounds foreseen in the first point of question 9.1 above apply.  For the remaining grounds, any third party that owns a previous trade mark or files a trade mark simultaneously with the revocation proceedings.

9.4       What grounds of defence can be raised to an invalidation action?

The grounds of defence include if revocation was filed five years after the grant of the trade mark or more than one year after the plaintiff became aware of the revocation grounds.

9.5       What is the route of appeal from a decision of invalidity?

The route of appeal is to file an appeal to the Court of Second Instance.

10.1    How and before what tribunals can a trade mark be enforced against an infringer?

From a civil law point of view, a trade mark can be enforced against an infringer by filing an injunction or an unfair competition lawsuit before the Court of First Instance.  Criminal charges can also be filed with the Public Prosecution Office, which will file an accusation in the Court of First Instance if all elements of a crime are verified.

10.2    What are the key pre-trial procedural stages and how long does it generally take for proceedings to reach trial from commencement?

In an unfair competition case, the defendant has the right to file its defence.  Following that, the Court will decide on the relevant facts that are deemed proven and those that need to be proven during trial.  The parties can appeal from that decision to either add, eliminate or amend the list.  If no appeal is filed, or after the Court’s decision on the appeal is made, the parties proceed to indicate the evidence and witnesses they wish to file.

10.3    Are (i) preliminary, and (ii) final injunctions available and if so, on what basis in each case?

Yes, preliminary and final injunctions are available.  Whenever a person has a grounded fear that a third party will cause serious damage to its right, they can file an unspecified preliminary injunction requesting a Macau Court to issue a “preventive/conservation preliminary injunction” that is best-suited to ensure the effectiveness of the threatened right, namely by determining a specific conduct or absence of conduct (cease and desist, for example).  The plaintiff’s interest in the grant of such preliminary injunction can arise either from an existing right (a registered intellectual property right (IPR)) or from a right to be granted by a lawsuit already filed or to be filed.

10.4    Can a party be compelled to provide disclosure of relevant documents or materials to its adversary and if so, how?

Yes, by court order upon request of the opposing party.

10.5    Are submissions or evidence presented in writing or orally and is there any potential for cross-examination of witnesses?

Submissions and evidence are presented in writing.  Witnesses can be cross-examined on the matter on which they have testified.

10.6    Can infringement proceedings be stayed pending resolution of validity in another court or the Intellectual Property Office?

10.7    After what period is a claim for trade mark infringement time-barred?

A claim is time-barred after five years for criminal charges.  In an unfair competition lawsuit, the period is one year after knowledge of the facts but not more than three years after the occurrence of the facts.

10.8    Are there criminal liabilities for trade mark infringement?

Infringement of any trade mark is punishable by law.  Obtaining illicit benefit for oneself or for a third party (by selling, circulating, or concealing counterfeit products and being aware of that situation) within the context of an entrepreneurial activity without the consent of the holder of the trade mark shall be punishable by a prison sentence or fine.

10.9    If so, who can pursue a criminal prosecution?

The trade mark owner or local authorities can pursue a criminal prosecution.

10.10  What, if any, are the provisions for unauthorised threats of trade mark infringement?

Provisions include injunctions in accordance with the general civil procedure regulations.

11.1     What grounds of defence can be raised by way of non-infringement to a claim of trade mark infringement?

Grounds of defence include when products/services are not identical or similar to those of the plaintiff, or the plaintiff tolerated the use of the trade mark for more than three years and did not act.

11.2     What grounds of defence can be raised in addition to non-infringement?

In addition to non-infringement, priority can be raised as a ground of defence.

12.1    What remedies are available for trade mark infringement?

The owner of a registered IPR may oppose unauthorised use by third parties and also resort to an unfair competition lawsuit under the Commercial Code regulations (prior reputation and damage caused need to be proved).  Injunctions can also be filed.  Complaints can be filed with Customs and criminal charges can be filed with the Public Prosecution Office.

12.2    Are costs recoverable from the losing party and if so, how are they determined and what proportion of the costs can usually be recovered?

All costs that were proven can be recovered if a full judgment is obtained.

13.1    What is the right of appeal from a first instance judgment and is it only on a point of law?

Any party that lost a first instance trial can appeal to the Court of Second Instance.  If the Court of Second Instance confirms the decision, then there is no more right of appeal.  The appeal is solely on point of law.

13.2    In what circumstances can new evidence be added at the appeal stage?

New evidence cannot be added at the appeal stage.

14.1    Is there a mechanism for seizing or preventing the importation of infringing goods or services and if so, how quickly are such measures resolved?

In order to seize or prevent the importation of infringing goods of services, a complaint must be filed with Customs with evidence of ownership of the infringed IPR and details of the infringing act.  Customs usually takes immediate action.

15.1    To what extent are unregistered trade mark rights enforceable in your jurisdiction?

Unregistered notorious or prestigious trade marks can be invoked as grounds of opposition, provided that, with the opposition, the owner files an application to register the trade mark in Macau.  Unregistered marks used in Macau for less than six months can claim priority and oppose similar or identical marks that have been applied for in the same period.

15.2    To what extent does a company name offer protection from use by a third party?

A company name can be invoked as relative grounds of opposition or invalidation.

15.3    Are there any other rights that confer IP protection, for instance book title and film title rights?

Copyright also confers IP protection.

16.1    Who can own a domain name?

A company incorporated in Macau, or the owner of a trade mark registered in Macau that will be used in the domain composition, can own a domain name.

16.2    How is a domain name registered?

A domain name is registered by filing an application with the appointed Macau domain name administrator with evidence of the right to register the domain.

16.3    What protection does a domain name afford per se ?

Protection prevents third parties from registering a similar domain name.

16.4    What types of country code top-level domain names (ccTLDs) are available in your jurisdiction?

In Macau, “.mo” is the ccTLD.

Please see below an explanation of the detailed domain name requirements, the domain name needs to be selected according to the nature of the company.

• Applicants who apply for domain names with the suffixes .com.mo, .公司.mo, or .公司.澳門 must be commercial entrepreneurs or self-employed persons who are registered within the Macao Special Administrative Region (SAR).
• Applicants who apply for domain names with the suffixes .net.mo, .網絡.mo, or .網絡.澳門 must be properly licensed by the Provision of Internet Services or License for the Provision of Telecommunication Services or authorised by the Macao SAR Internet Resources.
• Applicants who apply for domain names with the suffixes .org.mo, .組織.mo, or .組織.澳門 must be an organisation registered within the Macao SAR.
• Applicants who apply for domain names with the suffixes .edu.mo, .教育.mo, or .教育.澳門 must be a Macao educational institution or equivalent that is accredited by the Macao SAR.
• Applicants who apply for domain names with the suffixes .gov.mo, .政府.mo, or .政府.澳門 must be a public entity within the Macao SAR.
• A public entity within the Macao SAR may apply for the domain names specified in points 1 to 4, with particular and justifiable reasons.
• Applicants who apply for a domain name in regard to a trade mark/patent must be the trade mark holder within the Macao SAR.
• Applicants who apply for a second-level domain name with the suffixes .mo or .澳門 must fulfil one of the above requirements in points 1 to 5.

16.5    Are there any dispute resolution procedures for ccTLDs in your jurisdiction and if so, who is responsible for these procedures?

Yes.  The Regulation on the Registration of Internet Domain Names Representing the Macao Special Administrative Region of the Macau Network Information Centre foresees that:

• The parties to a dispute shall be required to handle all disputes arising from the registration and operation of domain names, and must assume all liability incurred.
• When a dispute arises or when a dispute is resolved, the respective party must notify the entity responsible for registration and management of domain names in writing.
• The entity responsible for the registration and management of domain names shall not be involved in any dispute arising from the registration and operation of a domain name, and will not act as mediator or arbitrator.

17.1    What have been the significant developments in relation to trade marks in the last year?

There have been no significant developments in relation to trade marks in the last year.

17.2    Please list three important judgments in the trade marks and brands sphere that have been issued within the last 18 months.

In the last 18 months, there have been no relevant or important judgments that deviate from the standard, ongoing jurisprudence in regard to trade marks.

17.3    Are there any significant developments expected in the next year?

There are no significant developments expected in the next year.

17.4    Are there any general practice or enforcement trends that have become apparent in your jurisdiction over the last year or so?

There have been no significant general practice or enforcement trends in Macau over the last year.

Production Editor's Note

This chapter has been written by a member of ICLG's international panel of experts, who has been exclusively appointed for this task as a leading professional in their field by Global Legal Group , ICLG's publisher. ICLG's in-house editorial team carefully reviews and edits each chapter, updated annually, and audits each one for originality, relevance and style, including anti-plagiarism and AI-detection tools. This chapter was copy-edited by Megan Hylton , our in-house editor.

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Registration of Trademark

How to apply.

Deadline for Formalities

Registration of 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-months period right before the date of expiration, the right-holder should file the application for renewal.

Formalities and Documents Required for Application

• A body corporate should have both the “Macao One Account” (entity account) and the “eSignCloud” service account (corporate user). The signer who makes electronic signature on the Application Form must be the legal representative of the entity/corporate (please refer to the FAQ of the industrial property online application services ).
• Login into the system of Economic and Technological Development Bureau (DSEDT) with “Macao One Account”, choose the required online service through “ Administrative Services – e-Services – Online Application ”;
• After completing the online form, use the Advanced Electronic Signature created by the valid Normalised Certificate (“eSignCloud” service) for submission of the application (see the details on the use in the guidelines ‘ How to access with “Macao One Account” and use “eSignCloud” Service to submit online application of industrial property ’, available in Chinese or Portuguese only);
• Perform the respective online payment through the Electronic Payment Platform of Postal Savings.
• After login into the DSEDT system , choose the required online service through “ Administrative Services – e-Services – Online Application ”;
• Complete the online form, use the valid “ Qualified Certificate (QC) ” for signing the “Qualified Electronic Signature (QES)” and submit;
• Application may be made on behalf of an individual or a body corporate. However, if the applicant (individual or body corporate) is not a Macao SAR resident or establishment, the form should be signed by an appointed agent;
• After signing the form, recognized signature can be made at the service location by showing the original identity document with signature.
• Submit the renewal request to the Industrial Property Application Counter of Reception Center of the Economic and Technological Development Bureau (2nd Floor).
• The relevant fees together with the payment slip should be submitted and paid in patacas at the Treasury of the Reception Center of the Economic and Technological Development Bureau (2nd Floor) upon the application. Payment methods can be found on the “ Administrative Services – Payment Methods ” page of the DSEDT website.

Necessary documents

• Online application: Complete the form via “ Administrative Services – e-Services – Online Application ”, and use the valid “ Qualified Certificate (QC) ” or Normalised Certificate (“eSignCloud” service) for electronic signature;
• Apply in person: The “ Application Form of Request for Other Actions ” (Format ECO-052) can be obtained at the service location or downloaded from DSEDT website .

Service Location and Hours

Apply through Internet

Please visit the “ Administrative Services – e-Services – Online Application ” page of the DSEDT website.

Apply in Person

Economic and Technological Development Bureau (DSEDT) – Reception Center

Address: Rua do Dr. Pedro José Lobo, n.os 1-3，2/F, Macau

Office Hours: Monday to Thursday: 9:00 – 13:00; 14:30 – 17:45 Friday: 9:00 – 13:00; 14:30 – 17:30

Renewal : 2 000 patacas

Surcharge: 500 patacas (For renewal processed within the six-month period after the date of expiration, a surcharge will be applied to the renewal fee, costing 2 500 patacas in total.)

For more details, please visit the “ Intellectual Property – Fees ” page of the DSEDT website.

Processing Time

After fee settlement, if the application is in order, the renewal record will be made in the certificate of Trademark Registration, 10 working days after the publication of the renewal in the Official Gazette of the Macao SAR.

Notes / Information for Applicants

Reference documents and templates (available in Chinese or Portuguese only):

• Request for Other Actions – Description of Common Request Codes .
• For other documents, please visit the “ Intellectual Property – Notes on Application ” page of the DSEDT website.

Related Regulations or Requirements

Regarding the information of the terms or requirements of use of the industrial property online application services, please visit the “ Intellectual Property – Online Services ” page of the DSEDT website, available in Chinese or Portuguese only.

Enquiry on Progress and Collection of Results

Enquiry on application progress: The status and the information of publication of “ Trademark ” can be found on DSEDT website.

Collection method of results : After 10 working days from the date of publication of the renewal:

• Applicants using “Macao One Account” to submit applications of trademark registration and choose to receive electronic registration certificates can read, download or print out the certificate continuation sheet (renewal record) by means of the function of “My Certificate and License” of “Macao One Account”.
• Applicants choosing to receive paper registration certificates should collect their certificate continuation sheet (renewal record) at the Industrial Property Application Counter of Reception Center of the Economic and Technological Development Bureau (2nd Floor).

Document to be presented or submitted on collection of results: The original receipt of the payment of renewal fees issued by the Economic and Technological Development Bureau (applicable to collect paper registration certificates only).

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Trademark law in Macau – a Portuguese legal regime inside China

Although macau is one of two special administrative regions in china, its ip laws have more in common with the portuguese regime. in particular, there are some striking divergences between the two traditions of which practitioners should be aware, want to read more, register to access two of our subscriber only articles per month, subscribe for unlimited access to articles, in-depth analysis and research from the world trademark review experts, what our customers are saying.

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Macao Trademark Registration

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Trademark Registration in Macao

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Check if your trademark is available for registration.

The results will resolve any doubts regarding your mark and give you confidence in the outcome of the registration process.

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We'll manually check the results and regularly deliver reports of any conflicting marks allowing you to enforce your rights.

Request a cost-effective trademark renewal in 150+ countries, don’t let your trademark expire.

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When you register your trade mark, you’ll be able to:

1. Take legal action against anyone who uses your brand without your permission, including counterfeiters

2. Put the ® symbol next to your brand - to show that it’s yours and warn others against using it

3. Sell and license your brand

Macao Trademark registration: Requirements

1. Name of the applicant

2. Address of the applicant

3. Description of the products/services the applicant commercializes

4. Details of the trademark

5. Power of attorney In Macau if a trademark contains both logo and wordmark, it must be filed in two separate applications.

Trademark registration in Macau: Procedure

Your trademark will be filed at the Macau Economic Services.

1. A formal examination

2. An official search for identical or similar Trademarks

3. A publication for the purposes of opposition

4. Registration

Trademark registration: Duration

A trademark registration is valid for 7 years starting from the filing date. These prices include everything for a straightforward process of registration. The prices do not include any legal defenses in case of oppositions or objections.

A notarized Power of attorney is required.

We offer the following services in Macau:

• Trademark Search 
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If you are interested in any of these services, please do not hesitate to  contact us .

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Introduction to Macau (Macao) Trademark Registration System Official Office for Trade Mark Registration Macau Intellectual Property Department Joined International Treaties for Trade Marks Nil- Principle on Trade Mark Protection Macau adopts "first-to-file" for trademark protection, and the Industrial Property Code of Macau protects merely the registered trademarks.  If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action. Further, Macau protects un-registered marks which used not exceeding 6 months and/or being “well-known? The un-registered trademark owner enjoys a priority right to have it registered and may lodge a complaint against an application filed by somebody else, but no right to raise any court action. Kinds of Registrable Trade Marks In Macau, the term “trademark?merely includes word mark, device mark, their combination, and sound mark. In addition, there are special trademarks are enacted and protected, such as “certification mark? “collective trademark?and “Joint trademark? Required Information and Documents 1. Applicant’s name, address, nationality / company’s registered country; 2. Specimen of the mark to be applied; 3. List of goods/services to be applied, and the class(es); 4. Translation & transliteration of foreign language in the mark; 5. A notarized Power of Attorney; and 6. Priority document, if any. Timeframe and Procedure for Application If an application goes smoothly, the whole registration procedure takes about 8-12 months. A trademark application in Macau usually takes about 5-8 months for examination, if there is no any refusal, it will then publish 2 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 2 weeks after the end of publication. Duration and Renewal of Registration A trade mark registration in Macau is valid for 7 years from the date of application, which can be renewed every 7 years, from 6 months before the renewal due date or up to 6 months after the date expires. Cancellation System If a registered trademark has not been actual used in Macau by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration. Relevant Information Macau Trademark Registration Costs and Procedures A Brief Guide of Trademark Registration in Macau CHANG TSI Insights Besides Hong Kong, the famous policy “One country, two systems” has been adopting in the Macao Special Administrative Region of China. A registration in China Mainland will not grant you any protection in Macau. As Macau is an important role in Greater China, this article will guide you to have a knowledge of trademark registration in Macau.  A. Sources of law The principal source of law and regulation relating to trade marks in Macau is the Industrial Property Code, adopted by Decree-Law Number 97/99/M, effective from 13 December 1999. As a supplement, the following 3 Chief Executive´s Notices also applies, where appropriate: International Classification of Goods and Services for the Purpose of the Registration of Marks (Nice Classification) 9th Edition - Notice of Chief Executive No. 10/2009; Approving the table of fees due for the acts provided for in the Industrial Property Code - Notice of Chief Executive No. 10/2009; Regarding the models of certificates that prove Industrial Property rights and forms for applications for granting Industrial Property rights - Notice of Chief Executive No. 10/2009. B. Competent Administration Trade mark registration in Macau is separate from mainland China. The Economic and Technological Development Bureau (DSEDT) is a public department of the Macao Special Administrative Region (MSAR) responsible for trademark examining and granting. The related website is:  https://www.dsedt.gov.mo/en_US/web/public/pg_home At present, Macau is not the member of Madrid system. As such, if you want trade mark protection in Macau, you will need to seek a local IP agent for assistance.  C. Filing procedure and documentation The requirements and related documents for the filing of a trademark application in Macao are as follows: the applicant’s full name, nationality, address or place of business; a representation of the mark; the list of goods and services; a certified copy of the home application, if a priority is claimed; and an original copy of power of attorney signed by the legal representative and notarized by a notary public. Less than most countries in the world, the period of publication for opposition in Macau only takes 2 months. If no opposition or objection is raised against the trademark application, you may expect the registration certificate within 6 to 8 months after date of filing.  The duration of registration of a Macau trademark is seven years from the application date and is renewable for further seven-year periods. A renewal application shall be filed prior to six months before the mark expires. D. We in Macau Chang Tsi & Partners has expanded business in Macau since 2010 and has been helping clients file trademark applications and maintain trademark registrations in Macau for more than a decade. Now we have a professional Macau team consists of more than 10 agents and 1 local liaison so we can handle trademark prosecution cases directly in Macau by ourselves. Chang Tsi & Partners is always ready to assist you on IP matters in Greater China.  DAIRY QUEEN & SNOW QUEEN: An Trademark Invalidation Case in China Changes in the 4th amendment to china patent law and comparison with the us in design patent. After the 4th amendment of China Patent Law, China has extend the design patent protection term from 10 years to 15 years, from the date of filling. In the US, the term is also 15 years, from the date of grant. Before the amendment, China only allow to use solid lines to protect the design as whole product. Now, as the same in the US, China start to allow partial design protection by using broken lines. Protection of 3M’s Trademark 10. Exploitation license 3.  Revalidation (Outstanding charges with additional 400 patacas)   Certificate of Registration of Collective Management Agency of Copyright and Related Rights This account has been logged in by another terminal. This session has been automatically logged out. About Our Company Services United Kingdom Opening of bank accounts Registration of trademarks and patents Germany Opening of bank accounts Registration of trademarks and patents Hong Kong Opening of bank accounts Registration of trademarks and patents Ireland Registration of trademarks and patents Canada Registration of trademarks and patents Cyprus Opening of bank accounts Registration of trademarks and patents Latvia Opening of bank accounts Registration of trademarks and patents UAE Opening of bank accounts Registration of trademarks and patents Poland Opening of bank accounts Registration of trademarks and patents Singapore Opening of bank accounts Registration of trademarks and patents USA Opening of bank accounts Registration of trademarks and patents Switzerland Opening of bank accounts Registration of trademarks and patents Estonia Opening of bank accounts Registration of trademarks and patents All countries Registration of Companies Offshore jurisdictions Jurisdictions with preferential taxation Other countries and jurisdictions Registration of trademarks obtaining a patent Opening of bank accounts Controlled foreign companies Holding, Trust, Fund Tax Planning and Optimization Precious metals Citizenship Merchant accounts Legal Opinion Letter Obtaining licenses Financial Gambling Brokerage Investment Banking E-money Accounting services and audit IT legal services Legalization, Certification, Translation Substance Company and Account in One Country Other services Carsharing Lawyer services for sport activities Investing In Precious Metals Real Estate Lawyers Legal Advocacy Services Capital protection Blockchain & ICO Helpful Information Trademark registration in Macao Registration of trademark in Macau Macao or Macau or Aomin is a special administrative region of the People's Republic of China, but, nevertheless, it is possible to register trademark not in China, but exactly in Macau. In accordance with local legislation, trademarks in Macau can be registered by both natural persons and legal entities. As for registration of trademark in the Russian Federation, first of all, it is necessary to select the type of trademark and the necessary classes according to the ICGS, in relation to which registration will be carried out. The International classification of goods and services provides for 45 classes, of which the first 34 are classes of goods, and the remaining are classes of services. The classes are recommended to be selected according to their common name. If no designation matches your needs, you should continue searching in the detailed description and find the class that best suits your needs. Permission to registering a brand name in Macau After that, preliminary examination of selected trademark is conducted for similarity and identity with those trademarks that have already been registered before. If no similarities were found during the examination carried out, it is allowed to submit application for registration of the trademark in Macau. Important feature of filing the application in the country is that if it was not submitted earlier in one of the countries that signed the Paris Convention, at the time of filing such application in Macau, the applicant should submit evidence of using this trademark. After submitting duly compiled application, it receives an individual number and is transmitted to the experts. At this stage, the application is verified for compliance of the trademark with the requirements of Macau legislation. The data on the application should be subsequently published in the official bulletin (Official Gazette of Macau). After the publication of data on the application, any third party may raise its arguments against the registration of such trademark in Macau. If there are no such objections, the trademark is registered and certificate of its registration is issued. Such certificate for trademark in Macau is valid for seven years from the moment of obtaining priority. If you apply to Law Trust International, you will definitely receive qualified assistance in all matters of trademark registration in Macau: from submitting application for certificate to obtaining certificate of registration. The cost of trademark registration in the Macao The data is relevant for today 29.07.2024 - 12:30 Country Comprehensive review Registration service Registration certificate Total Trademark registration in Macao 573.00 USD 573.00 USD 650.00 USD 650.00 USD PHASES OF WORK Intellectual property law practice in figures Our clients on trademark registration. Registration of Company in Macau Afghanistan Philippines Turkmenistan Trademark Search Trademark Registration Madrid System International Trademark Registration Trademark Registration in Macau Protect your business by registering your brands officially with the local trademark office of Macau. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in Macau. Trademark Search in Macau Why do brand owners prefer us. Straightforward hassle free services. We strive to make it easy. Expert Agents An IP consultant will be assigned to you, through whom you will be able to request all your IP services Worldwide Services Regardless of the amount of countries you need assistance in, we will be able to cover it. We work in over 180 jurisdictions No Hidden Charges All prices are clear and without hidden costs. We have competitive and straightforward pricing Free Consultation Our team is standing by to clarify any questions you may have regarding trademarks and IP in any country of the world Trademark Prices in Macau Search prices First class $110 - Each additional class $80 Application prices First class $720 - Each additional class $690 How long does it take for a trademark to register in Macau? The average application process takes 7 months . This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably. What documents are needed to register a trademark in Macau? An original power of attorney document - signed and notarized. Why and How to Register a Trademark in Macau In Macau, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can unregistered trademarks be protected. It is not necessary for a trademark to be in use in Macau in order for it to register. Although Macau is a special administrative region of China, it has its own trademarks office and registered trademarks in China do not offer any protection in that jurisdiction. Therefore, in order for a trademark to be protected in Macau, it must necessarily be registered locally via the Intellectual Property Office of Macau. If you register a combined trademark (which includes both word elements and figurative elements) in Macau, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately. Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Opposition actions may be filed by interested third parties against a trademark application within a period of two (2) months following its publication in the official gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances. The term of validity of a registered trademark in Macau is of seven (7) years from the application date. It can then be renewed indefinitely for successive periods of seven years. The renewal may be requested as early as six (6) months before the expiration date and as late as six months after it; if the renewal is requested after the expiration date, late renewal fees will apply. Although a trademark does not have to be in use in order for it to register, it must not go unused for longer than three years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark. For trademark search reports the trademark must be in Latin alphabet and will only consider other trademarks in Latin alphabet. If you wish to register a trademark that is composed of or includes pinyin or hanzi characters, the trademark search will need to consider trademarks written in pinyin or hanzi characters. If this is the case, please contact us; additional fees will apply. Info Sharing / Knowledge Sharing / Trademark Classes       the classification of trademarks, that is, the category of trademarks (classes), in the global countries or regions are basically the same, some countries or regions will be international classification plus their own national or regional adjustment, and the classification of macao trademarks, according to the world intellectual property organization   (wipo) published by the "nice classification", the various types of trademarks are mainly divided into goods and services, the categories are described as follows:. Class 1  Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science. Class 2  Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists Class 3  Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices Class 4  Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting Class 5  Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides Class 6  Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores Class 7  Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs Class 8  Hand tools and implements (hand-operated); cutlery; side arms; razors Class 9  Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus Class 10  Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials Class 11  Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes Class 12  Vehicles; apparatus for locomotion by land, air or water Class 13  Firearms; ammunition and projectiles; explosives; fireworks Class 14  Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments Class 15  Musical instruments Class 16  Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks Class 17  Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal Class 18  Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery Class 19  Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal Class 20  Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics Class 21  Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes Class 22  Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials Class 23  Yarns and threads, for textile use Class 24  Textiles and textile goods, not included in other classes; bed and table covers Class 25  Clothing, footwear, headgear Class 26  Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers Class 27  Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile) Class 28  Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees Class 29  Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats Class 30  Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice Class 31  Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt Class 32  Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages Class 33  Alcoholic beverages (except beers) Class 34  Tobacco; smokers’ articles; matches Class 35  Advertising; business management; business administration; office functions Class 36  Insurance; financial affairs; monetary affairs; real estate affairs Class 37  Building construction; repair; installation services Class 38  Telecommunications Class 39  Transport; packaging and storage of goods; travel arrangement Class 40  Treatment of materials Class 41  Education; providing of training; entertainment; sporting and cultural activities Class 42  Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software Class 43  Services for providing food and drink; temporary accommodation Class 44  Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services Class 45  Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals For pricing of trademark services, please see the  fee schedule  or  contact us , thank you for visiting trademark macau website. Share full article Advertisement Supported by Southwest Airlines Will End Its Longstanding Open-Seating Policy The airline said it was scrapping its trademark, 50-year tradition of offering open seating, where passengers choose seats once they have boarded the plane. By Jenny Gross and Danielle Kaye Southwest Airlines will start assigning seats to passengers, ending its longstanding policy of allowing passengers to pick their seats once they have boarded, the airline said on Thursday. The new procedure will be implemented to increase revenue and in response to feedback from customers, 80 percent of whom report preferring an assigned seat, Southwest said. “This is the right choice — at the right time — for our customers, our people and our shareholders,” said Bob Jordan, the president and chief executive of Southwest. Even though the airline has been known for its unique seating model for more than 50 years, preferences have evolved, with more customers taking longer flights where they prefer a seat assignment, the statement said. The new policy was reported earlier by The Wall Street Journal . The changes bring Southwest, which for years has distinguished itself by offering low prices and a simple business approach, more in line with conventional airlines like American Airlines and United Airlines. Southwest makes a little less than $1 billion from fees it charges for the ability to board early and “ancillary” services, Mr. Jordan said Thursday on a conference call with analysts to discuss the company’s second quarter results. The company expects that earnings from the move to assigned seating and offering seats with extra legroom will be “substantially north of that,” he said. We are having trouble retrieving the article content. Please enable JavaScript in your browser settings. Thank you for your patience while we verify access. If you are in Reader mode please exit and  log into  your Times account, or  subscribe  for all of The Times. Thank you for your patience while we verify access. Already a subscriber?  Log in . Want all of The Times?  Subscribe . More Blog Popular Who's Who Legal Instruct Counsel My newsfeed Save & file View original Follow Please login to follow content. add to folder: My saved (default) Register now for your free, tailored, daily legal newsfeed service. Find out more about Lexology or get in touch by visiting our About page. At a glance: trademark registration and use in Macau Registration and use Who may apply for registration? Any person or legal entity having a legitimate interest, in particular, a manufacturer or trader, may apply for trademark registration. What may and may not be protected and registered as a trademark? Words and devices or a combination thereof may be registered. The following marks may not be registered: marks consisting exclusively of signs or indications that may be used in commerce to designate the kind, quality, quantity, intended purpose, value, geographical origin, or time of production of the goods or the rendering of the services or other characteristics of the goods or services; marks consisting exclusively of signs or indications that have become customary in the current language or in bona fide and established commercial practices for the designation of the goods or services; marks consisting exclusively of colours, except when these are arranged in an original and distinctive manner; marks containing flags, coats of arms, or other emblems of the Macao SAR, of local councils, or other national or foreign public or private bodies without the consent of the competent authority; marks containing official signs, seals, and stamps of control or guarantee, if intended for products that are the same or similar to the products to which these are to be applied, except with the consent of the competent authority; marks containing heraldic insignia or escutcheons, medals, decorations, or distinctions of honour that the applicant is not entitled to or, if he or she is entitled thereto, if disrespect or disrepute would result from the use thereof; marks containing the emblem or name of the International Red Cross or of any other body to which the chief executive of Macao has granted the exclusive right to their use, except where special authorisation has been obtained; marks containing a trade name, company name, business name or shop sign not belonging to the applicant or that the applicant is not authorised to use; marks containing the name or portrait of an individual without his or her consent or, in the case of a deceased person, without the consent of his or her heirs up to the fourth degree, or even if such consent has been obtained, if the use of the mark containing such name or portrait may cause disrespect or disrepute to the person concerned; marks containing a sign or signs that are an unlawful reproduction without authorisation of a work that is the literary or artistic property of another party; marks containing false indications of the nature, quality, or utility of goods or services for which the mark is intended; marks containing any false indication of origin, with regard to the country, region or locality, factory, property or place of business; marks likely to cause confusion with one or more other marks already registered with respect to identical or similar goods or services in the name of another party; and marks being entirely, or in a substantial part, a reproduction, an imitation or a translation of another unregistered mark that is known to belong to another party being a national of or having his or her principal place of business in a Paris Convention member state, where confusion may be caused because the mark applied for is to be used for goods or services identical or similar to those for which the well-known mark is used, provided, however, that opposition on this basis can be successful only if the owner of the well-known mark files proof that he or she has applied for registration of their mark in Macao. Colours may be registrable as a mark only if arranged in an original and distinctive manner. The shape of a product or of the package or cover of a product may be registered as a mark, provided that it is capable of distinguishing the goods concerned from identical or similar goods. Collective marks may be registered. Certification marks may also be registered. Can trademark rights be established without registration? Provisional protection is given to a trademark application. Total protection is given as from the grant of the trademark registration. Thus, trademark rights are not established without registration. Only registration confers proprietary rights. The effect of registration, therefore, is attributive of ownership. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided? The existence of a well-known mark may be a ground for the opposition of a trademark application in Macao, provided that the owner applies for registration of the well-known mark at the same time. The evidence that is required includes market studies that reveal the reputation of the mark to the relevant public, costs with marketing companies, sales volume and other factors relevant to the reputation of the mark. What are the benefits of registration? Only registration confers exclusive rights to a mark. Only registration confers proprietary rights. The effect of registration, therefore, is attributive of ownership. The following acts performed without the consent of the owner of a registered mark are deemed infringement: use in the course of trade in Macao of any sign that is identical or confusingly similar to the registered mark for goods or services being identical or similar to those for which the mark is registered; and use in the course of trade in Macao of any sign that, due to the identity or similarity of that sign and the mark or the affinity between the goods or services, creates in the consumer’s mind a risk of confusion, including the risk of association of the sign with the mark. The exclusive right to a mark does not include the right for the owner to prevent a third party from using in the course of trade his or her own name or address, or any indication concerning the kind, quality, quantity, intended purpose, value, geographical origin, time of production of the goods or of rendering of the services, or any other characteristics of goods or services, or even the mark itself if this is necessary to indicate the intended purpose of a product or service, in particular as an accessory or spare part, provided that in any such case such use is in accordance with honest practices and good customs in industrial and commercial matters. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply? The requirements and related documents for the filing of a trademark application in Macao are as follows: the applicant’s full name, nationality, occupation, address or place of business; a copy of the mark (in the case of a device mark); a certified copy of the home application, if a priority is claimed; the list of goods and services; and a power of attorney duly dated, signed by the legal representative, notarised and legalised by a notary public and a Hague Convention apostille. Electronic filing is available. Trademark searches are available but not required before filing. How long does it typically take, and how much does it typically cost, to obtain a trademark registration? When does registration formally come into effect? What circumstances would increase the estimated time and cost of filing a trademark application and receiving a registration? If no opposition is filed against the trademark application and if the application is filed with all the required documents, it usually takes five months to obtain a trademark registration and another five months to obtain the registration certificate. The registration formally comes into effect with the granting decision of the applied trademark. The costs to obtain a trademark registration are given upon request. What classification system is followed, and how does this system differ from the International Classification System as to the goods and services that can be claimed? Are multi-class applications available and what are the estimated cost savings? The applicable classification is the ninth edition of the International Classification of Goods and Services under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. Multi-class applications are not available. What procedure does the trademark office follow when determining whether to grant a registration? Are applications examined for potential conflicts with other trademarks? Are letters of consent accepted to overcome an objection based on a third-party mark? May applicants respond to rejections by the trademark office? If the opposition period lapses without any opposition having been filed or the opposition proceedings have been terminated, the application will be examined as to form, registrability, per se, and prior conflicting registrations. Does use of a trademark or service mark have to be claimed before registration is granted or issued? Does proof of use have to be submitted? Are foreign registrations granted any rights of priority? If registration is granted without use, is there a time by which use must begin either to maintain the registration or to defeat a third-party challenge on grounds of non-use? A registered mark should be used. If a registered mark has not been used without a legitimate reason for three consecutive years, the registration of the same may be declared forfeited. Only registered trademarks are obliged to be used. Before registration there is no obligation of use of the trademarks. What words or symbols can be used to indicate trademark use or registration? Is marking mandatory? What are the benefits of using and the risks of not using such words or symbols? Marking is optional. Possible markings include ' Marca Registada ', MR, ®, ‘ chu chak seong pio ’ (Cantonese), ‘ zhu ce shang biao ’ (Mandarin) or ‘Registered Trademark’. Is there an appeal process if the application is denied? An appeal against the decision of the Intellectual Property Department of the Macao Economic Services may be lodged with the first instance court within one month of notification. Both the applicant and the opposing party may lodge an appeal. Further appeal lies with the court of second instance. Are applications published for opposition? May a third party oppose an application prior to registration, or seek cancellation of a trademark or service mark after registration? What are the primary bases of such challenges, and what are the procedures? May a brand owner oppose a bad-faith application for its mark in a jurisdiction in which it does not have protection? What is the typical range of costs associated with a third-party opposition or cancellation proceeding? Within two months of publication (the term is not extendable), any third party considering itself prejudiced by the possible grant of the registration may file an opposition. The applicant may file a counter-statement within one month (the term is not extendable). The opposition or the cancellation of a trademark can be requested in the following circumstances: that the person in whose name the registration of a mark was made was not entitled to acquire it; that the registration concerns a mark that was not registrable; that the grant of the registration infringes third-party rights based on priority or other legal title, and, in particular, that the grant infringes upon rights to an earlier mark, provided the use requirement in respect of that mark is complied with – it should be noted, however, that no cancellation on this ground may be requested in the case of acquiescence in the use of the later mark during five years; that the mark being the subject of the registration is wholly or partly an imitation, translation or reproduction of a mark that is well known in Macao, and is used for the same or similar articles and there is danger of confusion; that the mark being the subject of the registration is graphically or phonetically identical or similar to an earlier mark being highly renowned in Macao, irrespective of the goods or services for which it is applied, if use of the later mark without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the earlier mark; or that the grant of the registration infringed provisions requiring authorisation or consent and this has not been given. The cancellation procedure may be started before the competent court within one year of the date of grant of the registration of the mark. A brand owner that does not yet have its trademark protected in Macao cannot oppose a bad-faith application. The costs associated with a third-party opposition or cancellation proceeding are given upon request. How long does a registration remain in effect and what is required to maintain a registration? Is use of the trademark required for its maintenance? If so, what proof of use is required? The duration of registration of a trademark is seven years from the application date and is indefinitely renewable for further seven-year periods. What is the procedure for surrendering a trademark registration? The procedure for surrendering a trademark registration is the filing of a formal request at the Macao patent and trademark office with the corresponding power of attorney, duly notarised and legalised with Hague Convention apostille. Can trademarks be protected under other IP rights (eg, copyright or designs)? Trademarks can be also protected as copyrights or designs if the corresponding requirements are fulfilled. What regime governs the protection of trademarks online and domain names? Protection can be given to trademarks online or to domain names by the unfair competition rules. Law stated date Give the date on which the information above is accurate. 15 September 2020. Filed under Intellectual Property RCF – Protecting Innovation Patent infringement Copyright infringement Trademark infringement IP licensing Popular articles from this firm Trademark registration and use in macau *, trademarks in macau *. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected] . Related practical resources PRO Checklist Checklist: Online advertising directed to children (USA) Checklist Checklist: Processor due diligence (data protection and cybersecurity) (UK) How-to guide How-to guide: Understanding the risk of negligence claims when using artificial intelligence (USA) Related research hubs 160 IMAGES Explanation of Macao Trademark Certificate Explanation of Macao Trademark Certificate Macau Trademark Registration Statistics Pricing Reissue a Macau Trademark Certificate Trademark Application in Macau VIDEO Flag-Raising Ceremony Held to Mark 22nd Anniversary of Macao's Return to Motherland MACAU GT/ 澳門GT盃 2013 精華 Fireworks International (MACAU) Process of Trademark ™️ Transfer| Trademark Assignment |Trademark Transmission| 8076906274 Law Firm Assignment of trademark #shorts40 By CS NKJ Sir #drafting #cs #csnkjcsclass #csprofessionalsyllabus CARNAVAL DE MACAU 2023: BLOCO SÓ ELAS COMMENTS Trademark Online Trademark Registration Search SystemWebsite Declaration. This searching system (the System) provides an online search for trademark records, which include information on registered trademarks and trademarks that are still within the application process in Macao SAR. The information provided by the System on this website is for general ... trademark Macau trademark law is applicable to the following people: Macau residents; Citizens of any country in the Paris Convention union (or its revised versions). ... This assignment is executed by private contract, or by notary deed when there is an assignment of the trademark and of the business premises. There is a presumption of assignment of the ... PS-1314 Registration of Trademark Enquiry on Progress and Collection of Results. Enquiry on application progress: The status and the information of publication of "Trademark" can be found on DSEDT website.. Collection Method of Results: Upon the end of the one-month period for appeals counting from the date of publication of the approval of registration in the Official Gazette of the Macao SAR, or 5 working days after the ... Intellectual Property Intellectual Property. Co-operation with the Mainland. Pilot Project for Prioritising Examination of Qualified Invention Patent Applications Filed by Macao SAR Applicants in the Mainland. 《Agreement on Deepening the Exchange and Cooperation between the China National Intellectual Property Administration and Economic Services of the Government ... PS-1314 Registration of Trademark Enquiries. Executive Department and Unit: Economic and Technological Development Bureau - Trademark Registration Division Address: Rua Dr. Pedro José Lobo, 1-3, 8/F, Macao Tel.no: Reception Center -（853） 8597 2220 / （853）8597 2266. Enquiries on Application -（853）8597 2285 / （853）8597 2229 Trademark registration and use in Macau The requirements and related documents for the filing of a trademark application in Macao are as follows: the applicant's full name, nationality, occupation, address or place of business; a copy ... Registration of Trademark A trademark is a sign used by manufacturers or business operators in their goods or services to distinguish them from the goods or services of others. Trademark is one of the essential components in the field of intellectual property. Registration of trademark is not compulsory in the Macao SAR. Service target and eligibility Trade Marks Laws and Regulations Report 2024 Macau A company incorporated in Macau, or the owner of a trade mark registered in Macau that will be used in the domain composition, can own a domain name. 16.2 How is a domain name registered? A domain name is registered by filing an application with the appointed Macau domain name administrator with evidence of the right to register the domain. PS-1314 Registration of Trademark Registration of 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. ... Macau. Office Hours: Monday to Thursday: 9:00 - 13:00; 14:30 - 17:45 Friday: 9:00 - 13:00; 14:30 - 17:30. Fee. Renewal : 2 000 patacas. Surcharge: 500 patacas Trademark law in Macau of the Macau Special Administrative Region Government. Intellectual property in Macau is governed by the Legal Regime of Industrial Property, approved by Decree Law 97/99/M of December 13 1999. Chapter IV (Articles 197 to 232) of the law - which regulates trademarks - is similar to Chapter IV of the Portuguese Industrial Property Code. Macao Trademark Registration & Search Trademark registration in Macau: Procedure. Your trademark will be filed at the Macau Economic Services. 1. A formal examination. 2. An official search for identical or similar Trademarks. 3. A publication for the purposes of opposition ... Defenses in case of oppositions or objections/office actions in Macau; Trademark assignment; Frequently Asked Questions of trademark in Macau What is trademark rights in Macau: first to file or first to use? List 10 countries have the same rule of trademark rights like Macau? - You could check Trademark Fee in Macau here. - You could visit here to see Procedure of Macau Trademark Registration. - You could read here Required documents of filing trademark in Macau. Introduction to Macau (Macao) Trademark Registration System 5. A notarized Power of Attorney; and. 6. Priority document, if any. If an application goes smoothly, the whole registration procedure takes about 8-12 months. A trademark application in Macau usually takes about 5-8 months for examination, if there is no any refusal, it will then publish 2 months for opposition purpose. A Brief Guide of Trademark Registration in Macau As Macau is an important role in Greater China, this article will guide you to have a knowledge of trademark registration in Macau. A. Sources of law. The principal source of law and regulation relating to trade marks in Macau is the Industrial Property Code, adopted by Decree-Law Number 97/99/M, effective from 13 December 1999. At a glance: trademark registration and use in Macau A wide-ranging Q&A guide to trademark registration and use in Macau, including key legal and practical considerations. Fees 250.00. 4. Revalidation (Outstanding charges with additional 400 patacas) 5 Certificate whose content is similar to the I.P. Right Title-deed. 90.00. 6. Certificate, conferring protection on I.P. Right in the Macao S.A.R., issued by international organizations and with rights extended to the Macao S.A.R. Macau Trademark Application for Registration The application for trademark registration in Macau generally takes between 12 to 24 months to complete :-. Filing receipt and filing number. 1 week. Application searchable in official website. 1 week. Formality examination & Publication. 5 - 15 months. Opposition period after publication. 2 months. Macao Trademark Knowledge A: More about Macau trademark: 1.Application documents, 2.Registration fee. If you have any enquiry about trademark registration, please feel free to contact us, or use Whatsapp online consultation, thank you for visiting trademark macau website. Trademark Macau; Macao trademark registration, Macau trademark registration, invention patent ... Trademark registration in Macao Registration of trademark in Macau. Macao or Macau or Aomin is a special administrative region of the People's Republic of China, but, nevertheless, it is possible to register trademark not in China, but exactly in Macau. In accordance with local legislation, trademarks in Macau can be registered by both natural persons and legal entities. Trademark Registration Process in Macau Trademark Fees in Macau. Search prices First class $110.00 - Each additional class $80.00. The price is for wordmarks only. If the trademark includes a figurative element (logo), an additional fee of 30 USD per class will apply. Application prices First class $720.00 - Each additional class $690.00. Snapshot: trademark enforcement in Macau The owner of a trademark can ask for enforcement of the rights of its trademark against an alleged infringer. There are no specialised courts for this matter and the criminal law of Macao does not ... Trademark Classes Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. Class 12 Vehicles; apparatus for locomotion by land ... Southwest Airlines Will End Its Longstanding Open-Seating Policy The airline said it was scrapping its trademark, 50-year tradition of offering open seating, where passengers choose seats once they have boarded the plane. ... Southwest's seat assignment plan ... At a glance: trademark registration and use in Macau A wide-ranging Q&A guide to trademark registration and use in Macau, including key legal and practical considerations. assignment essay homework phd report resume review speech thesis