Trademark Registration in Portugal: Complete Guide 2026

Introduction

Trademark registration is one of the most valuable assets for any company or entrepreneur. A registered trademark grants its owner the exclusive right to use that distinctive sign to identify their products or services in the Portuguese market. This guide presents all the information needed to register your trademark in Portugal in 2026, with updated data from the National Institute of Industrial Property (INPI).

What Is a Trademark

A trademark is a sign used in commerce to differentiate a company's products or services from those of other companies. An effective trademark allows consumers to recognize and distinguish your products or services in the market.

Types of Registrable Trademarks

INPI accepts registration of various types of trademarks:

• Word marks: composed only of words, letters or numbers
• Figurative marks: composed of drawings, images or logos
• Combined marks: combination of word and figurative elements
• Three-dimensional marks: product or packaging shapes
• Sound marks: distinctive sounds
• Motion marks: animations or image sequences
• Color marks: specific colors or color combinations
• Hologram marks: holographic elements
• Pattern marks: repetitive patterns
• Position marks: specific positioning on a product

Who Can Register a Trademark

Any natural or legal person can register a trademark in Portugal, including:

• Manufacturers and industrialists
• Merchants
• Farmers and producers
• Service providers
• Liberal professionals
• Startups and entrepreneurs

It is not necessary to have an established company to register a trademark. Individuals can be trademark owners.

Before Registering: Prior Search

Before submitting the registration application, it is essential to verify if there is already an identical or similar registered trademark. This prior search avoids unnecessary expenses and potential conflicts.

How to Conduct the Search

1. INPI database: Free search at servicosonline.inpi.pt
2. TMview: European database including trademarks from all EU countries
3. WIPO Global Brand Database: For international trademarks

What to Check

• Identical or similar trademarks
• Trademarks in related product/service classes
• Well-known or prestigious trademarks
• Trade names and company names

Nice Classification

Products and services are organized according to the Nice International Classification, which divides all economic activities into 45 classes:

• Classes 1 to 34: Products
• Classes 35 to 45: Services

Examples of Common Classes

Step-by-Step Registration Process

Step 1: Preparation

Gather all necessary documentation:

• Identification data (name, address, tax number)
• Graphic representation of the trademark
• List of products/services (classified by Nice)
• Power of attorney (if represented by agent)

Step 2: Application Submission

The application can be submitted:

• Online: Through the portal servicosonline.inpi.pt (recommended, 50% cheaper)
• On paper: Form M1 sent by mail or delivered in person

Step 3: Formal Examination

INPI verifies if the application is complete and meets formal requirements. If there are irregularities, you will be notified to correct them.

Step 4: Substantive Examination

INPI analyzes whether the trademark can be registered, checking:

• Distinctive character
• Absence of legal prohibitions
• No consumer deception
• No conflict with prior rights

Step 5: Publication

The application is published in the Industrial Property Bulletin, opening a 2-month period for third-party oppositions.

Step 6: Decision

If there are no oppositions or if they are rejected, INPI grants the registration. Otherwise, it issues a provisional refusal, allowing the applicant to respond.

Step 7: Grant

After the grant, you must pay the registration fee to obtain the industrial property title.

Registration Costs (Updated July 2025)

The values below reflect the fees in force from July 1, 2025:

Application Fees

Grant and Maintenance Fees

Estimated Total Cost

For a simple registration with 1 class:

• Online: ~€161 (application + grant)
• Paper: ~€322 (application + grant)

Timelines

Process Duration

• Without oppositions: 4 to 6 months
• With oppositions: 8 to 18 months
• Complex cases: up to 24 months

Registration Validity

Trademark registration is valid for 10 years from the application filing date. It can be renewed indefinitely for successive 10-year periods.

Important Deadlines

• Third-party opposition: 2 months after publication
• Response to notification: 1 month (extendable)
• Renewal: up to 6 months before expiry or up to 6 months after (with 50% surcharge)

International Protection

INPI registration protects the trademark only in Portugal. For protection in other countries, there are two main routes:

European Union Trademark (EUIPO)

Protects the trademark in all 27 EU countries with a single registration.

International Trademark (WIPO)

Allows designation of specific countries through the Madrid System.

Common Mistakes to Avoid

In Trademark Selection

1. Descriptive marks: Avoid words that only describe the product (e.g., "Delicious Coffee" for coffee)
2. Generic marks: Common use terms are not registrable
3. Deceptive marks: Do not mislead consumers about origin or quality

In the Registration Process

1. Not conducting prior search: May result in opposition or refusal
2. Incorrect classification: Choose the right classes for your products/services
3. Inadequate representation: Image must be clear and in accepted format
4. Ignoring notifications: Always respond within deadlines

After Registration

1. Not using the trademark: The trademark may lapse for non-serious use for 5 consecutive years
2. Not monitoring the market: Third parties may register similar trademarks
3. Forgetting renewal: The trademark expires if not renewed every 10 years

Advantages of Trademark Registration

Legal Protection

• Exclusive right of use in Portugal
• Ability to prevent third parties from using confusingly similar marks
• Legal action against counterfeiting

Commercial Value

• Intangible company asset
• Licensing possibility
• Guarantee for financing

Credibility

• Conveys professionalism
• Market differentiation
• Consumer trust

When to Hire a Lawyer

Although it is possible to register a trademark without professional assistance, the help of a lawyer is recommended when:

• Prior search reveals similar trademarks
• The application involves multiple classes or countries
• There is a need to respond to refusals or oppositions
• The trademark has special characteristics (sound, 3D, color)
• You want an international protection strategy

Conclusion

Trademark registration is an investment in protecting your business. With relatively accessible costs (from ~€161 online) and a renewable 10-year validity, it represents one of the most effective ways to protect your company's identity in the Portuguese market.

If you have questions about the registration process or need support in protecting your trademark in Portugal or abroad, contact us for a personalized analysis of your case.