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]

Copyright © 2022 Macau International Intellectual Property Office 

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Online Trademark Registration Search System Website 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 reference only. No legal power is carried in the information and thus it cannot be used as a legal instrument in the application of trademark registration. Whilst the Economic and Technological Development Bureau endeavors to ensure the accuracy of the information, no warranty or promise is given as to its accuracy or appropriateness for the use in any particular circumstances. The Economic and Technological Development Bureau shall not be liable for any loss or damage caused by the misuse of the System as well as any errors or omissions in the information.

The Economic and Technological Development Bureau reserves the right to amend, edit, suspend or terminate the information within the System at any time without prior notice.

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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 Marks & Copyright 2024

Macau, sar china, law and practice.

BN Lawyers was established in 2006 in Macau and Portugal. BN Lawyers boasts a team of 5 attorneys and 16 administrators. Operating across Macau, Portugal, Singapore, and with a support office in Mainland China, the firm has developed profound expertise in handling trade mark and copyright issues. The firm focuses on providing specialised services to luxury brands in the trade mark field, and to artists, architects and multinationals such as Spotify in relation to copyright issues. Renowned for its commitment to legal excellence, the firm is a trusted partner for clients seeking expert guidance in navigating the complexities of trade mark and copyright matters.

1. Trade Mark and Copyright Law

1.1 governing law.

In the Macau SAR (or “Macau”), trade marks and copyright are regulated by the Industrial Property Legal Act (the “IP Act”) and the Copyright and Related Rights Regime (the “Copyright Act”), respectively. Macau does not acknowledge common law trade marks; however, a priority right can be claimed by those using a trade mark freely within six months of initial use. Copyright is automatically granted upon creation, requiring no registration. The legal framework is codified, emphasising adherence to statutory provisions for intellectual property protection rather than relying on common law principles.

1.2 Conventions and Treaties

Macau is party to Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, and the Agreement on Industrial Property Rights in Relation to Trade (TRIPS). These treaty obligations are self-executing in Macau, meaning they are directly applicable and enforceable without the need for additional domestic legislation, although such legislation exists and is in force.

1.3 Foreign Trade Mark and Copyright Owners

Foreign trade mark or copyright holders are subject, respectively, to the provisions of the IP Act and the Copyright Act, respectively, to govern their rights. Authors who are not residents of Macau enjoy the protection granted to residents, subject to material reciprocity; however, architectural works built in Macau and artworks incorporated into buildings in Macau always enjoy the protection granted by the Copyright Act.

2. Trade Mark Ownership, Protection and Rights

2.1 types of trade marks.

In Macau, various types of signs can be registered to distinguish goods or services, provided they are graphically representable. These include product trade marks, service trade marks, association trade marks, certification trade marks, three-dimensional trade marks, sound trade marks, motion trade marks, combination colour trade marks, and trade dress.

Surnames and trade names can be registered, but authorisation is needed if the applicant is not associated with the covered surname or trade name. Registrable elements include words, images, sounds, shapes, and distinctive combinations of colours, while smell, taste, and touch cannot be registered due to graphical representation limitations.

An industrial design can receive trade mark protection if it serves as a distinctive source identifier for specific goods or services, used in commerce to distinguish their origin and symbolise the brand.

Macau treats all marks uniformly; there are no specific marks protected differently by statute. Famous and well-known marks enjoy special protection, allowing opposition to identical or similar marks, even if unregistered. However, evidence of filing for protection in Macau is required for intervention in opposition or appeal proceedings.

2.2 Essential Elements of Trade Mark Protection

For trade mark protection, the essential qualification elements are distinctiveness, that it is not descriptive and that it has not become of common use in commerce. Proof of distinctiveness or secondary meaning is shown through evidence of prolonged use, market surveys, awards and advertising.

2.3 Trade Mark Rights

Trade mark owners in Macau have the rights outlined by statute in the IP Act, namely to prevent third parties, without their consent, from using identical or confusingly similar signs in economic activities related to the registered products or services. This prohibition applies when the similarity or affinity of products or services poses a risk of confusion or association between the sign and the trade mark in the consumer’s perception. Additionally, trade mark registration covers the use of the mark in papers, printed materials, computer pages, advertising, and documents related to the owner’s business activities.

Macau recognises an anti-circumvention right, akin to Article 11 of the WIPO Copyright Treaty, under the Copyright Code. The scope of this right encompasses the prohibition and punishment of commercial activities involving the deactivation or suppression of technological protection measures. Individuals engaged in such actions for commercial purposes may face imprisonment for up to two years or a fine of up to 240 days.

Additionally, advertising or offering services related to the deactivation or suppression of these measures for commercial purposes may result in imprisonment for up to one year or a fine of up to 120 days. Instruments designed for the purpose of deactivating or suppressing these measures, produced, imported, exported, sold, distributed, or rented for commercial purposes, are also subject to penalties. However, there are exclusions such as cases where deactivation is necessary for the exercise of certain rights, for non-profit purposes, scientific research, education, or when carried out by public authorities in specific contexts.

2.4 Use in Commerce

In Macau, the obligation for serious trade mark use implies “effective and real” utilisation, demonstrated through tangible, repetitive, and public activities in the market for specific products or services, aligning with their unique purpose. “Irrelevant use”, on the other hand, refers to actions that remain unnoticed by market stakeholders. It is essential to note that “symbolic”, “sporadic”, or “insignificant quantities” of use (relative to the company’s size and the type of product or service) fall short of meeting the criteria for effective use. The concept of “serious use” focuses more on quality than quantity, underscoring the sincerity and commitment in utilising the trade mark for its intended commercial purposes. While “frequent use” may suggest seriousness, sporadic or accidental use may indicate a lack of such commitment.

2.5 Notices and Symbols

In Macau, trade mark owners are required to use specific symbols to indicate registration, such as ®, M.R., R, Marca Registada in Portuguese, or the equivalent Chinese expression. The English phrases “Registered trade mark” or T.M. can also be used.

Trade mark owners can only use these symbols after obtaining registration. Throughout the registration’s validity, the trade mark holder is entitled to include these symbols to signify the mark’s registered status.

There are no consequences for failing to provide notice of trade mark ownership.

2.6 Related Rights

It is widely recognised that a creation, such as a logo, once protected under copyright, loses its autonomy upon being integrated into a trademarked brand. When a design is integrated into a brand, the brand itself becomes the prominent and visible entity, embodying its true function. In other words, the creation forfeits its autonomy as the brand’s role becomes prominent. From the point of the brand’s registration, its distinctive character becomes the focal point. Consequently, from that moment onwards, comparisons are made between the brands themselves, even if this involves examining specific graphic elements, drawings, or unique artistic features.

While the brand subsumes artistic work, as previously noted, this does not inherently preclude actions to defend the underlying copyright of any specific graphic element of the brand. If a trade mark incorporates a surname, the IP Act stipulates that an authorisation from the relevant individual must accompany the application, unless filed by the owner themselves. Should this authorisation not be submitted, the application is subject to refusal.

3. Copyright Ownership, Protection and Rights

3.1 types of copyrightable works.

In Macau, various works are eligible for copyright protection, including literary works, journalistic pieces, scientific texts, computer programs, conferences, dramatic and musical works, choreographic works, musical compositions, audio-visual works, visual arts like drawing and sculpture, architectural works, photographs, applied arts, industrial designs, design works, illustrations, maps, slogans, parodies, computer databases, and compilations.

These categories are statutorily defined under the Copyright Code. Successive editions of a work and reproductions of works of art, even with different dimensions, are not considered distinct works. Notably, the protection granted to computer databases and compilations does not extend to the underlying data or subjects compiled. Industrial designs can be entitled to copyright protection until they are incorporated in industrial design applications that have been granted, as mentioned in relation to trade marks in 2.6 Related Rights .

3.2 Essential Elements of Copyright Protection

Copyright protects original works in literature, science, or the arts. The safeguarding under copyright law is dependent on the externalisation or manifestation of an original creation.

3.3 Copyright Authorship

The legislative definition of “author” encompasses both the original human creator and, if rights are transferred, the subsequent holder unless explicitly stated otherwise. According to the Copyright Act, authorship is specifically attributed to the human intellectual creator of the work. The statute also establishes a presumption that the individual named in the work, as commonly used or announced publicly, is the intellectual creator. Regarding work-for-hire authorship, the law dictates that economic rights are assigned as agreed, or in the absence of an agreement, they are presumed to remain with the intellectual creator unless the creator’s name is not mentioned or appears in an unconventional place. In such cases, economic rights are presumed to be assigned to the entity commissioning the work.

Authors have the option to claim copyright protection anonymously or pseudonymously, with varying rights granted. In these instances, the person revealing or publishing a work under a name or pseudonym that conceals the author’s identity, or under anonymity, is deemed the author’s representative, who is responsible for defending the work’s rights against third parties.

In collaborative works, copyright is shared among all participants in joint authorship, with equal shares presumed in the absence of a written agreement specifying otherwise. If a collaborative work is attributed only to certain contributors, it is presumed that copyright exclusively belongs to those named. Individuals assisting in the creation, disclosure, or publication of the work are not considered co-authors. Additionally, the law clarifies that those financing the work do not gain copyright unless otherwise agreed in writing.

3.4 Copyright Rights

The author possesses personal and economic rights over their protected work as outlined in the Copyright Act. Economic rights grant exclusive authority to use the work economically, permit others to use it, and receive payment when authorised by law. Personal rights empower the author to keep the work unpublished, be acknowledged as the author in the original and copies, withdraw the work from circulation if necessary, and safeguard its authenticity and integrity, opposing any changes that could harm the author’s reputation.

3.5 Term of Protection and Termination

Copyright typically ends fifty years after the creator’s death. For joint works, it expires fifty years after the last co-author’s death. In cases of anonymous or undisclosed authorship, copyright lasts fifty years after publication. If parts of a work are published separately, their copyright duration is calculated individually.

3.6 Notices and Symbols

There is no legal requirement in Macau necessitating a specific notification of copyright ownership. Consequently, authors have the freedom to use the copyright symbol © or the word “Copyright” at their discretion.

3.7 Collective Rights Management Systems

In Macau, the Copyright Act stipulates that collective rights management can be carried out by entities established in Macau and registered with the Macau Economic and Technological Development Bureau. These organisations hold the authority to act in court on behalf of rights holders they represent, and are authorised to defend the legitimate rights and interests of the individuals or entities they represent, unless opposed by the represented parties. In disputes based on personal rights of the represented party, the organisations can only act in court with a specific power of attorney.

3.8 Copyright Registration

Copyright is recognised independently of registration, deposit, or any other formality.       

3.9 Copyright Application Requirements

Copyright is recognised independently of registration, deposit, or any other formality."

3.10 Incorrect Information in an Application

Copyright is recognised independently of registration, deposit, or any other formality.

3.11 Refusal of Registration

3.12 related rights.

When a design is integrated into a brand, the brand itself becomes the prominent and visible entity, embodying its true function. In other words, the creation forfeits its autonomy as the brand’s role becomes prominent. From the point of the brand’s registration, its distinctive character becomes the focal point. Consequently, from that moment onwards, comparisons are made between the brands themselves, even if this involves examining specific graphic elements, drawings, or unique artistic features.

While the brand subsumes artistic work, as previously noted, this does not inherently preclude actions to defend the underlying copyright of any specific graphic element of the brand.

4. Trade Mark Registrations and Applications

4.1 trade mark registration.

In Macau, trade mark rights solely stem from registration. Using a trade mark grants a priority right for the first six months of use. Only famous and well-known marks have the authority to oppose applications, even if not registered in Macau. However, owners of these marks can oppose or appeal only if they can demonstrate having applied for registration in Macau. There are no separate criteria for different types of trade marks.

4.2 Trade Mark Register

Macau maintains a unified trade mark register managed by the Economic and Technological Development Services Bureau (the “Macau Register”). The Macau Register is accessible to the public through its website, facilitating online searches before the submission of trade mark applications – an approach routinely adopted for all clients. However, some clients opt for formal searches that include a Macau Register report.

4.3 Series Mark Registration

Macau employs a single-class filing system only which does not allow multi-class filing. Regardless of the number of classes associated with a trade mark, the application must be submitted based on one trade mark in a single class.

4.4 Term of Registration

Registration Duration

The registration term is seven years, and owners can seek renewal six months before expiry or within a six-month grace period by paying an additional fee. Renewal only requires timely application, with no additional criteria.

The trade mark must remain unchanged, and any alterations to its elements necessitate a new registration. The original trade mark cannot be refreshed except for simple modifications that do not compromise its identity, affecting only proportions, materials, and non-explicitly claimed colours.

4.5 Application Requirements

General Procedures for Trade Mark Registration

Macau adopts a single-class filing system, prohibiting multi-class filings. Applications can be submitted by local or foreign individuals, legal entities, or trade bodies to the Macau Register, with a fee of USD124. Non-resident applicants need a local proxy. After a formal examination, application information is published for opposition within two months. The registrar then conducts a substantive examination and either approves or rejects the trade mark application.

4.6 Use in Commerce Prior to Registration

Macau statute does not require that an applicant use its trade mark in commerce before the registration is issued.

4.7 Consideration of Prior Rights in Registration

The Macau Register checks for existing rights, such as trade marks or companies registered in Macau. If identified, applicants are required to submit a letter or consent agreement from the prior owner. This document grants permission for the applicant to use specific marks, although it may lack detailed explanations regarding the absence of potential confusion between the marks.

4.8 Consideration of Third-Party Rights in Registration

The Macau Register reviews existing rights in Macau, and if found, the applicant is requested to submit a letter or consent agreement. This document grants authorisation from the prior owner for the applicant to use specific marks. However, the authorisation may lack detailed explanations regarding the absence of potential confusion between the marks.       

4.9 Revocation, Change, Amendment or Correction of an Application

It is possible to revoke, change, amend or correct a trade mark application.

4.10 Dividing a Trade Mark Application

Trade mark applications in Macau cannot be divided. To proceed, the existing trade mark must be withdrawn, and separate applications for the divided trade marks must be filed.

4.11 Incorrect Information in an Application

The Macau Register will notify applicants of any inaccuracies in trade mark applications or other filings, providing a specific period for the applicant to correct the identified mistakes.

4.12 Refusal of Registration

Trade marks may be declined on absolute grounds if they comprise generic, descriptive, commonplace, or weak elements, including colours, unless uniquely and distinctively combined or featuring graphics, words, or other elements. In case of rejection on absolute grounds, the only recourse is to file an appeal with the courts of Macau.

4.13 Remedies Against the Trade Mark Office

Decisions from the Macau Register can be contested through an appeal within 30 days of publication. Appeals are officially submitted to the civil section of the Macau courts. The courts notify the Macau Register and relevant third parties, such as opponents, to respond to the appeal grounds within 30 days. The final decision is ultimately rendered by the Macau courts.

4.14 The Madrid System

Macau does not participate in the Madrid system.

5. Trade Mark Opposition Procedure

5.1 timeframes for filing an opposition.

An opposition may be submitted within a period of two months following the publication of the trade mark application, and this deadline cannot be extended.

5.2 Legal Grounds for Filing an Opposition

The legal grounds for opposing a trade mark application are to claim that the applied trade mark is:

• a descriptive mark;
• an imitation of a registered mark or of an unregistered mark being used in the last six months;
• an imitation of a registered or unregistered well-known mark for the same/similar products or services;
• an imitation of a registered or unregistered famous mark for the same/similar/different products or services;
• an imitation of a family name or of a company name (or of its  most relevant part); or
• an infringement of copyright.

5.3 Ability to File an Opposition

Those eligible to oppose include:

• owners of prior marks (registered, unregistered but in use, famous, or well-known);
• individuals with imitated family names; or
• businesses facing trade name imitation.

For unregistered famous or well-known marks, opponents must provide evidence of filing for registration. Any third party with a prior mark or application, or using a well-known or famous mark in Macau, can initiate opposition.

Typical fees for filing an opposition are USD2,700.

5.4 Opposition Procedure

After receiving an opposition, the applicant is notified and has one month to respond. The parties present their supporting evidence without formal discovery proceedings. The Macau Register examines the arguments and conducts searches. The final decision on approving or rejecting the trade mark is then published in an official bulletin, and the parties are informed. The resolution does not involve motion practice or a hearing.

5.5 Legal Remedies Against the Decision of the Trade Mark Office

Legal remedies against the decision of the trade mark office, which is always deemed final after publication, involve an initial appeal to the Macau Court of First Instance. This appeal can encompass both factual and legal arguments.

A party dissatisfied with the outcome of a first instance trial can appeal to the Court of Second Instance, which would be limited to points of law.

Should the Court of Second Instance uphold the appealed decision, no further appeal is permitted. Should the Court of Second Instance decide in a different manner than the Macau Court of First Instance, the losing party may appeal further to the Court of Final Appeal.

The duration for each appeal at each court level typically ranges between six to nine months for a decision to be reached.

6. Trade Mark and Copyright Revocation/Cancellation Procedure

6.1 timeframes for filing revocation/cancellation proceedings.

Copyrights may not be revoked or cancelled and there are no statutory limitations or time periods within which to file revocation/cancellation actions of trade marks, with the exception of the obvious cancellation for non-use for three consecutive years.

6.2 Legal Grounds for Filing a Revocation/Cancellation Proceeding

Trade mark revocation may occur on the following grounds:

• Non-use for three consecutive years: If a trade mark remains unused for three consecutive years, it may be subject to revocation.
• Change in identity: If the trade mark undergoes alterations to the extent that its identity is changed, it can be considered for revocation.
• Becoming a common term to designate products/services: If the trade mark transforms into a common or usual term for denoting the covered product or service in commerce, it may be subject to revocation.
• Becomes misleading: A trade mark can face revocation if it becomes misleading, causing confusion or misrepresentation in the market.
• Inappropriate use in Macau: If a trade mark, originally registered exclusively for export purposes, is being used within Macau, it may be subject to revocation.

There is no expungement or re-examiniation procedure available.

6.3 Ability to File a Revocation/Cancellation Proceeding

Anyone may initiate a revocation/cancellation proceedings.

6.4 Revocation/Cancellation Procedure

Trade mark revocation/cancellation actions are brought before the Macau Register.

6.5 Partial Revocation/Cancellation

Partial revocation/cancellation of a trade mark is possible if the Macau Register determines that the grounds for revocation or cancellation apply only to specific products or services covered by the trade mark.

6.6 Amendment in Revocation/Cancellation Proceedings

Amendment is not possible in revocation/cancellation proceedings.

6.7 Combining Revocation/Cancellation and Infringement

Actions involving revocation/cancellation and infringement are not heard together.

6.8 Measures to Address Fraud

Copyrights are not subject to registration and therefore there is no filing to cancel.

Trade mark applications are not subject to specific investigation other than the substantive examination that examines if all the requirements to grant a trade mark are met or not.       

7. Assignments and Licensing

7.1 assignment requirements and restrictions.

Applied or granted trade marks can be assigned, in whole or partially, provided that the assignment is made in writing and the parties’ signatures are notarised and a submission for registration of the assignment is made with the Macau Register. Pursuant to Macau Law, an assignment may be granted without any fee or for a specific consideration.

7.2 Licensing Requirements or Restrictions

In the jurisdiction of Macau, the licensing of trade marks is permissible on either a complimentary or fee-based basis, with the option for exclusivity or non-exclusivity through a formalised licence agreement in written format. It is imperative that such agreements undergo notarisation of the signatures of the involved parties, and a corresponding application for recordal must be submitted to the Macau Register. This licensing arrangement can be extended to both registered trade marks and those currently undergoing the application process.

Copyright licensing requires a written agreement.

7.3 Assigning or Licensing Applications

The rights arising from a trade mark application can be licensed, but the refusal of the grant implies the expiration of the license. There are no restrictions that apply while the application is pending. Copyrights are not subject to any registration.

7.4 Registration or Recording of an Assignment or Licence

In Macau, for trade mark assignments or licences to be enforceable against third parties, they must be registered with the Macau Register. If such assignments or licences are not registered, they remain valid only between the parties involved or their successors. The effectiveness of these agreements in relation to third parties is contingent upon their registration. Copyrights are not subject to any registration.

7.5 Transferred Rights and Termination

Authors and/or their heirs can recapture transferred rights for copyrighted works if there is a contractual provision that enables them do to so.

7.6 Trade Marks and Copyrights as Security

Trade marks and the patrimonial rights of a copyright can be given as a security, subject to rights in rem, assigned by way of security or levied in execution, without any applicable restrictions. In the case of a trade mark, such acts are subject to registration with the Macau Register.

8. Initiating Trade Mark and Copyright Lawsuits

8.1 timeframes for filing infringement lawsuits.

According to Macau’s IP Act and the Copyright Act, it is stipulated that a criminal complaint must be lodged within six months of becoming aware of infringement. Additionally, criminal charges for trade mark infringement become time-barred after five years. In the case of an unfair competition lawsuit, the filing period is one year from the date of awareness of the facts, with a maximum limit of three years from the occurrence of the facts.

8.2 Legal Claims for Infringement Lawsuits and Their Standards

Trade mark owners can, for either registered or unregistered trade marks, claim trade mark infringement, dilution claims, false advertising and also unfair competition claims. Copyright owners, on the other hand, can pursue copyright infringement claims. Direct infringement would be asserted against those that carry out the infringement while a third party may be charged with vicarious infringement for benefiting from the infringement acts.

Copyright management information infringement is punishable with imprisonment for up to one year or a fine of up to 120 days. Those that knowingly broadcast, communicate, distribute, import, or make available to the public materials with altered copyright management information are subject to imprisonment for up to two years or a fine of up to 240 days for commercial offences. Criminal proceedings require a formal complaint.

8.3 Factors in Determining Infringement

When determining whether the use of a trade mark constitutes infringement, several elements are usually examined. These factors may include the similarity between the marks, the likelihood of confusion among consumers, the distinctiveness of the marks, the type of goods or services involved, and the potential harm to the reputation of the earlier mark. These considerations are established in the related provision of Macau’s IP Act.

As concerns copyrights, the assessment is made by comparing if the works or their essential elements are identical or similar.

8.4 Parties to an Action for Infringement

The essential participants in a lawsuit for infringement include the owner and the accused infringer. A third party, not the owner, like the licensee or distributor, has the capacity to initiate an infringement action if explicitly authorised through a recorded agreement. In the case of trademarks, this agreement must be filed with the Macau Register.

For trade marks, legally constituted business associations, the Consumer Council and legally constituted consumer associations, may also join as assistants to the Prosecutor after the trade mark infringement act has commenced.

Owners of famous and well-known trademarks have the unique ability to take measures to prevent infringement even before their mark is formally registered. This is to protect the integrity and reputation of their assets, relying on the principles of unfair competition.

8.5 Representative or Collective Actions

Macau’s legal system does not permit representative or collective actions in trade mark proceedings. Conversely, for copyright matters, collective rights management is possible through entities established in Macau and registered with the Macau Economic and Technological Development Bureau. These entities are authorised to act in court on behalf of the rights-holders they represent, unless the represented parties explicitly oppose this. In disputes based on personal rights of the represented party, the organisations can only act in court with a specific power of attorney.

8.6 Prerequisites and Restrictions to Filing a Lawsuit

There are no prerequisites to filing a trade mark or copyright lawsuit.

8.7 Lawsuit Procedure

Trade mark matters arising from registration decisions or unfair competition and civil claims are the competence of the civil sections of the Judicial Base Court. An appeal will be possible to the court of second instance. If such instance confirms the lower court decision there is no possibility of further appeal to the Court of Final Appeal. The same applies to civil matters arising from copyright contractual disputes.

Matters arising from criminal infringement are to be decided by the criminal section of the judicial base court. An appeal will be possible to the Court of Second Instance. Only the owners of well-known or famous foreign trade marks may bring infringement claims in Macau if they have filed for registration. Foreign copyright owners may initiate infringement claims as Macau does not have a copyright registration system.

8.8 Initial Pleading Standards

Lawsuits must outline the facts that substantiate the claims and the applicable law, concluding with a formal petition. There are no special provisions for lawsuits in trade mark proceedings that differ from non-intellectual property proceedings. A defendant may file counterclaims in a civil lawsuit.

8.9 Declaratory Judgment Proceedings and Other Protections for Potential Defendants

Under Macau law, the option for an alleged trademark or copyright infringer to initiate declaratory judgment proceedings is not available.

8.10 Small Claims

Macau law does not foresee an alternative avenue to resolve small trade mark or copyright claims.

8.11 Effect of Trade Mark and Copyright Office Decisions

Macau does not have a copyright office and the trade mark office does not decide on infringement actions.

8.12 Counterfeiting and Bootlegging

Counterfeit trade marks refer to the unauthorised and deliberate reproduction or imitation of trade marks with the intent to deceive consumers or infringe on the rights of the legitimate owners.

Bootlegging involves the unauthorised act of reproducing, selling, offering for sale, storing, importing, exporting, or commercially distributing counterfeit copies of a work, phonogram, or videogram without the authorisation of the exclusive distribution rights-holder.

Infringers are subject to criminal liability as stipulated in Macau’s Industrial Property Act and the Copyright and Related Rights Act.

9. Litigating Trade Mark and Copyright Claims

9.1 special procedural provisions for trade mark or copyright proceedings.

Macau does not have specialised intellectual property courts for copyright or trade mark matters. See 8.7 Lawsuit Procedure .

9.2 Effect of Registration

A registered trade mark owner does not receive any litigation benefits. 

9.3 Obtaining Information and Evidence

Macau does not have disclosure or discovery mechanisms.

9.4 Role of Experts and/or Surveys

Expert witnesses and surveys are allowed and may be utilised in trade mark or copyright infringement actions to provide specialised knowledge or insights that can assist the court in understanding complex issues related to intellectual property disputes.

The courts typically consider expert evidence and surveys in accordance with the principle of free analysis of evidence. This means that such evidence is admissible and is treated on an equal footing with other types of evidence. The court assesses the reliability, relevance, and credibility of expert testimony and survey results in the context of the overall case.

9.5 Costs of Litigating Infringement Actions

Typical costs of a trade mark or copyright infringement action are approximately USD15,000 and the use of expert witnesses or surveys may increase such costs.

9.6 Infringement as an Administrative or Criminal Offence

Trade mark and copyright infringement constitute a criminal offence enforced through criminal channels, being carried out by the Public Prosecutor and decided by the criminal section of the Judicial Base Court.

10. Defences and Exceptions to Infringement

10.1 defences to trade mark infringement.

In Macau, statutory provisions do not explicitly enumerate a comprehensive set of defences against trade mark infringement. However, various legal principles and concepts may be invoked in response to trade mark infringement claims. These include arguments related to priority, non-use objections, abandonment, licensing, fair use, parody/satire, functionality, the use of one’s own name, and considerations related to limitations, forfeiture, and violation of competition laws. While these defences are not expressly foreseen by statute, they can be utilised as relevant in specific cases.

It is important to note that the effectiveness of these defences varies depending on the particulars of each case, and they may not necessarily serve as complete bars to liability. The court will assess the merits of each defence within the context of the specific trade mark infringement dispute.

10.2 Defences to Copyright Infringement (Fair Use/Fair Dealing)

See 10.1 Defences to Trade Mark Infringement .

10.3 Private Copying

In Macau, private use of protected works is permitted unless stated otherwise. Private use encompasses activities such as reproducing the work for personal and exclusive use, as well as non-profit activities such as performing a dramatic, dramatic-musical, or cinematographic work, reciting a literary work, or executing a musical work. Such activities are allowed in locations not open to the public.

10.4 Intermediaries

Macau does not have an exception to trade mark or copyright infringement for activities carried out by intermediaries.

10.5 Exhaustion

In Macau’s legal system, the concept of exhaustion of trademark or copyright rights is not recognised.

Registered trade mark owners can prohibit the circulation of their products whenever they are modified or altered after being placed on the market; however, this type of prohibition is not enforced through criminal law protections.

10.6 Library and Archive Rights

Within the framework of copyright law, certain uses of a copyrighted work are considered lawful without the author’s consent. Specifically, a library is permitted to engage in the reproduction, in full or in part, of a previously published or disclosed work. This reproduction, undertaken by the library, should be non-public and limited to the requirements of the institution’s own activities. Additionally, the law allows for the public availability of a copyrighted work from a library’s collection. This can be facilitated through computer terminals within the library or a network of reserved access computers. It is important to note that these activities by the library must be non-profit in nature to fall within the scope of lawful use without the author’s consent.

11. Remedies

11.1 injunctive remedies.

Interim and final injunctions are accessible remedies in legal proceedings carried out in Macau. Where an individual has a well-founded fear that a third party may inflict significant harm upon their rights, they have the option to submit an unspecified preliminary injunction request to a Macau court. This request seeks the issuance of a “preventive/conservation preliminary injunction” tailored to safeguard the affected right effectively. This may involve specifying particular actions or abstentions (such as a cease and desist order). The plaintiff’s interest in obtaining such a preliminary injunction may stem from an existing right, such as a registered intellectual property right (IPR), or from a right expected to be granted through an ongoing or anticipated lawsuit.

11.2 Monetary Remedies

In Macau, owners of registered trade marks or copyrights have the right to seek compensation for actual damages and loss of profits, with the amount being determined at the discretion of the judge, based on the evidence provided. The Macau Civil Code outlines the methodology for calculating damages and profit losses. However, monetary remedies for trade mark infringement are restricted to registered trade mark owners or those with famous and well-known trade marks whose registration is pending. Copyright, which does not require registration, is not subject to this limitation.

11.3 Attorneys’ Fees and Costs

The party that is unsuccessful in the legal proceedings will be responsible for covering all court fees and may also be obligated to pay any requested and substantiated expenses and attorney fees incurred by the prevailing party.

11.4 Ex Parte Relief

In Macau, trade mark or copyright owners can seek relief without notice to the defendant.

11.5 Customs Seizures of Counterfeits or Parallel Imports

The legal framework in Macau allows the customs authorities to confiscate counterfeit goods without the necessity of registration with the customs authorities. It is important to note that the importation of parallel goods is not prohibited in Macau.

12. Resolving Litigation

12.1 options for settlement.

In Macau, the legal framework does not provide for the option of settling cases related to infringement that are being heard before criminal courts, nor does it allow for settlement in matters arising from decisions on trademark registration.

12.2 Alternative Dispute Resolution

Macau does not allow for alternative dispute resolution to trade mark or copyright infringement actions.

12.3 Other Court Proceedings

Proceedings relating to infringement can be suspended pending the resolution of another case, particularly if there is a prejudicial case involved. A prejudicial case is characterised by the discussion and determination of a fact or situation that serves as an element or prerequisite for the formulated claim. In this context, the resolution of the matters under consideration in the prejudicial case has the potential to impact and influence the ongoing proceedings, potentially altering or undermining the foundational basis of the case.

13.1 Appellate Procedure

Trade mark or copyright infringement decisions are carried out by the Judicial Base Court and they can be appealed to the Court of Second Instance.

13.2 Timeframes for Appealing Trial Court Decisions

An appeal request may be filed within ten days of a court ruling. Following the acceptance of the appeal request, the appellant will have 30 days to file the appeal grounds.

13.3 Special Provisions for the Appellate Procedure

The appellate procedure for trade mark or copyright proceedings follows the common appellate procedures.

13.4 Scope of the Appellate Review

The appeal will be limited to legal review only.

14. Additional Considerations

14.1 rights of publicity and personality.

Regarding trademark applications in Macau, if an applicant files for a trademark that consists exclusively of, or predominantly features, the name or image of a person (whether they are a celebrity or not), they are required to file the consent of that individual.

14.2 Unfair Competition

Macau regulates unfair competition under the provisions of the Commercial Code.

14.3 Emerging Issues

There are no emerging issues in Macau and there is no record of any intention to handle the emergence of artificial intelligence with respect to trade mark and copyright laws.

14.4 Trade Mark and Copyright Use on the Internet

There are no special rules with regard to trade marks or copyrights on the internet.

14.5 Trade Mark and Copyright Use in Business

There are no special rules with regard to trade marks or copyrights as used in business.

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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.

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.

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Contributor

Bruno Nunes BN Lawyers

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

IMPORTANT NOTICE

Annual Holidays Dear clients and associates: Please find below a schedule with Macau’s public holidays for 2024, periods for which the Macau IP Office and our firm will also be closed.

Accordingly, should you have any IP matters in Macau with a deadline that falls on or shortly after the above dates, please provide your instructions and documents before the public holiday to enable us to deal with the same in due time.

We thank you in advance for your cooperation and understanding on the above.

Macau is 8 hours ahead of Greenwich Mean Time.

Application

• Applicant’s name, nationality and address.
• Applicant’s nature of business (industrial, commercial or other).
• Image of the Mark in pdf or jpg format (in color if claimed as a distinctive feature of the Mark, together with the relevant description).
• Class and specification of products or services (international classification, Nice Agreement -Ninth Edition).
• Priority Claim (if claimed) – country, date and number of the earlier application (the original or certified true copy of the priority document should be submitted within three months from the date of application). The list of products and/or services in the application must be coincident with the ones designated in the priority claim document.
• Notarized Power of attorney.
• Within one month of the application being filed, the IP Office will commence a formal examination to verify that the application form is completed correctly, that all required documents are filed with the application form, and that the goods and/or services are correctly classified.
• If the goods and/or services are classified incorrectly, the applicant must take the necessary measures in order to rectify irregularities.
• If the application is short of any of the required documents, the applicant must proceed with the late submission of the relevant documents within a period of one month after being notified by the IP office. Otherwise, the application for registration will be refused and such decision will be published in the Official Gazette.
• After submission of the required documents for filing the Mark application, the Macau IP Office will publish the Mark application (approximately within two to four months from the filing date) in the Macau Official Gazette.
• There is a period of another two months counted from the publication date during which any interested third party may file an opposition against the Mark application.
• Should an opposition against the Mark registration application be filed by any interested party, the applicant will avail of one month, counted from the IP Office’s notification letter date, to submit its reply.
• At the end of this period the IP Office will examine the application (the substantive examination which verifies the Mark’s distinctive character, the non-existence of any confusing similarity with previously registered signs, that it is not comprised of any prohibited signs and the Mark’s veracity) and make the decision as to whether or not the registration is successful.
• Should the Mark be granted, the IP Office’s decision will be published in Macau Official Gazette and if within a month from the publication date no appeal is lodged by any interested third party against the granting of the Mark registration then the Mark is finally registered.
• The respective registration certificate is usually issued within one or two months after the above referred publication.
• Any interested party dissatisfied with the final decision of the IP Office may lodge an appeal to the Court of the First Instance. The appeal must be lodged within one month after the IP Office’s decision has been published in the Official Gazette. This period is non-extendible.

Assignments, Licenses, Liens, Mergers and Changes of Identity or Address

• For the recordal of assignments, licenses, and liens, an original or certified true copy of the relevant document (in which the signatures of the involved parties should be duly notarized) is required.
• For the recordal of mergers or change of name, the original or the certified true copy of the document issued by the company’s registrar is required.
• Apart from the above mentioned in regards to assignments, mergers and change of name, a notarized power of attorney executed by the current owner is also required.
• For the change of address, a notarized power of attorney (POA) showing the updated address will suffice.

Validity, Renewals, and Revival

• The registration is valid for seven years from the registration date, renewable indefinitely for equal periods of time.
• The renewal application must be submitted during the six month period preceding the renewal date.
• Renewal of a Mark registration is still possible during the grace period (the six month period following the renewal date) subject to the payment of an additional official tax.
• The registration becomes vulnerable to a non-use cancellation action by any interested third parties if it is not used during three consecutive years unless there is a valid reason for such non-use.
• A mark registration may be revived during the course of an additional grace period of 6 months. The revival will only be granted by the Macau IP office if it does not infringe on the rights of a third party.

Transitional Provisions

• Marks are valid for seven years from the date of registration.
• Marks, granted between 6 December 1995 and 7 June 2000 are valid for seven years from the date of application.
• Marks granted before 6 December 1995 are valid for 10 years from the date of approval.
• Applications before the 6 th of December 1995 and granted after that date, if published in the Portuguese Industrial Property Bulletin, are valid for 10 years from the date of approval. If they are published in the Macau Official Gazette they are valid for seven years from the date of application. (Provided they are not published in the Portuguese Industrial Property Bulletin).

Additional Information

• The law recognizes as a Mark a sign or group of signs, which are capable of being represented graphically. These include words, including personal names, designs, letters, numerals, sounds, the shape of the product or its packaging, providing that such signs are capable of distinguishing the products or services of one company from those of other companies.
• Signs or indications consisting exclusively of the shape of the product itself or of the constituents from which the final product is made.
• Signs or indications which are commonly used to designate the geographical origin, kind, quality, quantity, shape of the goods and services or that have become usual and frequently used in commercial language.
• Colors also cannot be registered per si unless combined in ways or used in graphics or words which create a sense of distinctiveness in the Mark of the goods or services.
• Signs or words confusingly similar (reproduction, imitation or translation) to a Mark which is well-known in Macau that, when applied to identical or similar products or services of the same classification, can mislead the consumer to establish a connection with the well-known Mark.
• Signs or words confusingly similar (reproduction, imitation or translation) to a previously registered prestigious Mark which, although intended for products or services that are not identical or similar, may benefit unfairly from the reputation of the previously registered Mark.
• Series of Marks and multi-class applications are not permitted.
• The Madrid Agreement and Protocol are not in force.

 If the above information does not fully address questions you may have please do not hesitate to contact us.

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Trademark Registration in Macau

Trademark Search 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

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.

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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 08.06.2024 - 12:40

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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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Emma d'arcy says filming 'house of the dragon' season 2 was "kind of lonely" away from matt smith, olivia cooke, hbo releases 'house of the dragon' official season 2 trailer.

The New Jersey native, who initially made a living shilling pharmaceuticals, is still a fan at heart. That helped him earn the approval of Game of Thrones source material author George R.R. Martin and the confidence from HBO to let him produce a second spinoff ( A Knight of the Seven Kingdoms ). But being the steward of one of TV’s biggest properties, as Condal’s the first to admit, is a hell of a lot of work.

You’ve worked over 5,000 miles from your corporate bosses for four years now. Is that space from Hollywood a good or bad thing?

It certainly has its benefits, being physically removed. But there’s this weird thing where I don’t feel like I work in Hollywood at times. It’s been five years since I’ve pitched something other than a season or an episode of this show. It’s like I’ve been sent off on an embassy assignment.

That’s got to be odd for someone who once had a reputation for being a pitch machine.

Was that early approach a byproduct of how you came to work in the industry? You first worked in marketing and advertising for big pharma. Quite a pivot!

I always wanted to be a screenwriter, but I was a safe and conservative person. I sold my first spec and didn’t tell anybody, just kept going to my day job and writing on nights and weekends. It wasn’t until I booked my third studio gig that I finally fessed up to this double life. I didn’t want to let anybody down, but I showed [my bosses] articles about the deals, and they were like, “Wait, what? This is amazing.”

How does that safe and conservative approach manifest in the way you work now?

Oh, lots of anxiety. ( Laughs .) I’ve learned to channel it, make it useful for me, as a sort of reverse procrastination. Maybe we should call it “precrastination”? It’s a good skill set for a showrunner: looking far down the road, envisioning a possible note that might come and having three ways out of it. Having worked in corporate America, it was not an alien experience for me to be one creative cog in a collective that’s trying to make something for a corporate master. You pitch your ideas, defend them and sometimes watch them get crushed to death.

I’ve seen you refer to this as the “most stressful job” you’ve had. So, what makes you sign on to produce a second series of this scale?

In your own self-assessment, what do you think you did well and not so well in the first season?

I’m very proud of season one, but there are things that I wish we had more time to work on in postproduction.

One criticism was the lighting.

Oh, for sure. We went into season two very conscious of that feedback. Season two is much more in line with my particular aesthetic and what I think the show should look like. It’s not a massive difference, but I don’t anticipate getting the “it’s too dark” note again.

You co-ran the first season with the director Miguel Sapochnik. What’s your take on his exit, and were you ready to go it alone?

It was my suspicion that Miguel was going to do one season and probably be done. He’d done the original Game of Thrones . He climbed that mountain, and I don’t think he had anything left to prove. So while I was prepared for it, it was an adjustment. But it was something that I think I was ready to take on.

How does the pressure shift between seasons one and two?

You’ve been attached to a lot of big projects that never got made. If you could take the defibrillator paddles to one, which would it be?

Paradise Lost . I developed it with Alex Proyas, director of The Crow , for Legendary [which pulled the plug on it in 2012]. We were in Sydney for eight weeks of prep and preproduction, Bradley Cooper was going to star, and it just fell apart. It was too expensive, the VFX people filed Chapter 11 or whatever, all these business reasons. It was my most devastating moment as a writer because I thought the train had left the station. But it’s when I realized that I’m responsible for my own happiness and sense of worth.

As a fan of many things, what IP do you most want to adapt?

I love Hellboy . Very simply, Hellboy is an X-File who investigates X-Files. He’s a paranormal detective. And I like the Guillermo del Toro movies, but it’s one of those properties that’s suited very well to episodic TV because there is a monster of the week in the best way. It would be a great change of pace from what I’m doing now.

We’ve talked a lot about pressure. What do you do to de-stress?

This story first appeared in the June 5 issue of The Hollywood Reporter magazine. Click here to subscribe .

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