WHAT IS A TRADEMARK AND WHAT DO I NEED TO DO TO REGISTER IT IN PORTUGAL?

A trademark or brand is a sign that identifies products or services that exist or will be launched in the marketplace. Trademark distinguish a company’s product or service from those of other companies.

Composition
A trademark can comprise letters or words (verbal brand) but may also be composed of pictures (pictorial trademark) or both (mixed trademark). It is also possible to register sounds as trademarks (recorded graphically on staves - sound trademark), as well as three-dimensional shapes (three-dimensional trademark). If the trademark is pictorial or contains a mix of words and pictures, it's necessary to attach a photo for publication in the Industrial Property Bulletin. This should be on A4 paper, no larger than 8cm x 8cm, and no smaller than 3cm in at least one of its dimensions. The image for publication should be of good technical quality and professionally produced with attention to detail, using appropriate manual or electronic graphic design tools.

Nice Classification
Besides the graphic representation of the sign representation, the trademark or brand should include a list of goods or services for which the protection is sought according to Nice Classification. The Nice Classification (NCL), established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks.

Application
The application process begins once the application is submitted and includes an examination by the rules governing the composition of trademarks. 
Next, the application is published online in the Industrial Property Bulletin, followed by an opposition phase. 
Finally, the examination is carried out and the final decision is published. 
Once this process is complete, the trademark is protected.

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