Introduction

Macau trademark application is filed on a single class basis. Additional classes of the same mark need to be filed as separate single-class applications, each with its own filing number and, when completed, its own trademark certificate.

Foreign company or individual can apply to register their marks in Macau without nationality restriction or residency requirement.

Trademark application in Macau operates on a first-file-first-get basis, and can be based on an intent to use basis. No proof of use is required for the issuance of the trademark certificate.

 

Fees

Our fee for Macau trademark application is HK$6,500 for the first class. The fee is inclusive of both the government fee and the professional fees. There is no separate fee for the publication, registration and issuance of the trademark certificate.

In addition, the notary public fee for Macau trademark power of attorney signed before a Hong Kong company is HK$2,500.

Unless the application encounters objection or opposition, there will not be any extra-charge. The chance of objection or opposition can be reduced by (a) choosing an invented word as the mark, or adding a distinctive logo to the mark, and (b) having a search conducted before application to find out whether the mark is identical or similar to any existing registered mark or prior application.

In the event of any objection by the examiner, the client has the choice of (1) continue to pursue for registration at additional fees according to the complication, or (2) abandon the pending application at no extra-cost. In the event of any opposition by third party, apart from our additional fees, the applicant or the opponent who loses or abandons will be liable to pay the legal fees of the other side.

 

Search

Prior to filing, the chance of success can assessed by having a search at the fee of HK$2,200 per mark per class. The search is inclusive of both identical and similarity search. Pre-application search report is available within 1 week of instruction.

Search is optional at the choice of the client. If the client’s mark consists of simple logo or common words found in dictionary, search is usually recommended. On the other hand, if the client’s mark is an invented word, or a complex logo, then the client may take a chance to file the application without search.

 

Timeframe

The application for trademark registration in Macau generally takes between 12 to 24 months to complete :-

Filing receipt and filing number	1 week
Application searchable in official website	1 week
Formality examination & Publication	5 - 15 months
Opposition period after publication	2 months
Substantive examination	2 - 5 months
Issuance of trademark certificate	2 - 3 months

Upon registration, a registered trademark is first valid for 7 years and is renewable indefinitely for further periods of 7 years each by paying the renewal fee.

Macau trademark certificate sample :

 

Language

All details to be filed in Macau application has to be in Portuguese or Chinese or have a Portuguese or Chinese translation, but not English.

If the client has no Chinese version or translation of its name and address, we will provide a translation for the purpose of filing the Macau trademark application.

Other translation, such as the specification of goods, if needed, will be charged at HK$1.20 per word.

 

Classification of Goods

Macau adopts the Nice Classification of Goods and Services. Specification (ie. description of goods and services) can either base on actual use or an honest intention to use the mark in Macau.

All types of goods and services on which the mark is currently used or honestly intended to be used should be listed as broadly as possible in the specification to cover the class or product category applying for in one exercise, since the specification can only be narrowed and not extended after filing.

Upon registration, the scope of the exclusive right granted by the registration is limited by the ambit of the specified goods and services.

 

Convention Priority

If the client has filed an application in another WTO or Paris Convention country within the last half year, then there is a choice of treating the effective filing date in Macau to be the same as the date of the earlier application.

Priority claim is usually made when the Macau application is part of a coordinated world-wide filing exercise, or when a search reveals that a recent application of a third party may be surpassed by the priority claim, or if the client is concerned about possible competing third party application in Macau at around the same time.

 

Details Required

1.	Full name, address and nationality of the trademark applicant.
2.	Type of applicant’s business activity (ie. commercial, industrial or others).
3.	Selection of goods items and/or services items to form the specification.
4.	Logo or stylized mark in .jpg format.
5.	Power of attorney signed before notary public.

 

 

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