BKIP LOGO

Opposition to Macau Trademark Application

Mar 2019
Oppositions should be filed within 2 months from the date of publication in the Official Gazette of the Macao SAR (if an application is published on 13 May, the deadline to oppose will fall on 13 July). The deadline is non-extendable.
The grounds on which opposition can be lodged
An application may be opposed on "absolute grounds" or "relative grounds". The relevant grounds are provided below.-
Absolute grounds
Applications may be opposed on absolute grounds as follows:-
a) Signs that consist exclusively of the shape resulting from the nature of the product itself, the shape of the product necessary for obtaining a technical result or the shape that gives the product its own substantial value;
b) Signs or indications that may be used commercially to designate the kind, quality, quantity, purpose, value, geographical origin, the time of production of the product or of rendering of the service, or other characteristics thereof;
c) Signs or indications that have become customary in current language or in bona fide and established commercial practices;
d) Colours, except when they are combined together or with graphics, wording or other elements in a particular and distinctive manner.
e) Flags, coats of arms, shields and other emblems belonging to the State, municipalities or other Portuguese or foreign public bodies, without the respective authorisation;
f) Badges, stamps or seals, being official, fiscal or of guarantee, in respect of trademarks intended for products or services identical or similar to those to which they are applied, unless authorisation is obtained;
g) Heraldic insignia or escutcheons, medals, decorations, surnames, titles and distinctions of honour to which the applicant has no right or, when he has the right, if disrespect or discredit of a similar sign is caused;
h) The emblem or name of the Red Cross or other bodies to which the Portuguese Government has granted the exclusive right to their use, unless special authorisation is obtained;
i) Fancy medals or designs liable to be confused with official decorations or medals and awards conferred at official meetings and exhibitions;
j) A trade name, company name or name or emblem of establishment which does not belong to the applicant of the registration or which he is not authorised to use, or merely the characteristic part thereof, if it is liable to mislead or confuse consumers;
k) Personal names or pictures without the consent of the persons concerned or, if deceased, their heirs or relatives to the fourth degree or, when consent is obtained, if disrespect or discredit of such persons is caused;
l) Signs that infringe copyrights or industrial property rights;
m) Signs with symbolic meaning, namely religious symbols, unless authorisation is obtained;
n) Expressions or figures that are contrary to morality or against Portuguese or Community law or public order;
o) Signs that are liable to mislead the public, namely as to the kind, qualities, purpose or geographical origin of the product or service designated by the trademark;
Relative grounds
Applications may be opposed on relative grounds as follows:-
a) A reproduction or imitation as a whole or in part of a trademark previously registered by another, for the same product or service or a similar or like product or service, which may mislead or confuse consumers.
b) Registration shall be refused in the case of trademarks which constitute, as a whole or essentially, the reproduction, imitation or translation of another trademark well known in Portugal to belong to a national of any of the Member States of the Union, if it is applied to identical or similar products or services and is confusingly similar to such trademark.
COPYRIGHT BKIP 2019

Company information

BKIP Limited

Unit 2202, 22/F, Causeway Bay Plaza I, 489 Hennessy Road, Causeway Bay, Hong Kong
(852) 3157 0065
tm@bkip.com.hk