A primer of trade mark registration requirements in Macau
(Author: Dr. Jian Xu, the China IP Blogger)
Although Macau is a relatively small market, it is currently an independent jurisdiction such as Hong Kong and Taiwan, which applies different laws from mainland China. Consequently, foreign companies are much less familiar with what is required for registering trade marks in Macau. It does have a few notably different requirements (such as notarization of the power of attorney) and features (for example, 7 year term for trade marks). Below is a summary of those aspects.
Documents and information required
Information and documents required are as follows:-
- Applicant’s name, address and nationality, the name and address in English and Chinese
- Specimen of mark
- Actual goods/services of interest
- Details of priority to be claimed, i.e. priority date claimed, country and application number, and certified copy of priority document along with a certified translation of the document into Chinese, Portuguese or English. Note that one certified copy of priority document for each mark covering multi-class application elsewhere is sufficient
- Power of Attorney duly signed and notarized (as per attached sample)
Note that multi-class applications are not available in Macau.
Once an application is filed, it will then be checked by the examiner as to whether the formality requirements are meet.
When the deficiencies are remedied, the application will then be advertised in the official journal for opposition purposes. If no opposition (by third parties) is encountered within 2 months of the advertisement, the next step is for the examiner to make a search to see whether the mark is confusingly similar or identical to other marks already existing on the Register, and whether the mark itself bears distinctiveness characters for registration.
When the registration requirements are meet, the mark will be registered and certificate will then issue.
Please note that it usually takes 6 to 8 months for straight-forward trade mark registration in Macau.
The duration of trade mark registration in Macau is 7 years, renewable for unlimited periods of each 7 years.