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Macau Trade Marks
1. How long does it take to register a trade mark?
It will usually take about six months to register a trade mark provided that all requirements are met and there is no opposition.
2. Can an unregistered trade mark be used?
The current legislation of the Macao Special Administrative Region does not require a user to register its trade mark before the user can use it on its products or services. However, a user of an unregistered trade mark has no exclusive rights to use it, i.e. the user has no rights to prohibit others from using its trade mark.
3. What is protected under a registered trade mark?
Under the “Industrial Property Code”, a registered trade mark owner has the rights to prevent third parties from using its mark, or a deceptively similar mark, without its authorization on the registered or similar products or services.
4. What words or symbols in a registered trade mark that a trade mark owner does not possess any exclusive
right to use?
If a trade mark consists of elements indicating the type, quality, function, value or geographic indications of the goods or services or commonly used language or signs that are widely used in the course of business, these elements, language or signs cannot be solely used by the trade mark owner, which means the owner does not possess the exclusive right to use them.
5. What are the benefits of pre-application searches?
Pre-application searches allow trade mark applicants to check information on trade marks that have been applied for registration in Macao, thereby avoiding obstacles of being refused registration due to similarity with earlier applied-for trade marks.
6. If the text of a combination trade mark is partially the same as the text of a registered text trade mark, can
the combination trade mark be accepted for registration?
Regarding a trade mark formed by texts and figures, it is necessary to compare the marks as a whole as well as the main parts of the marks. Whether registration is approved or not depends on the texts’ pronunciation, meaning, overall structure, number of words, arrangement and graphics or whether the texts are the prominent feature of the trade mark, and whether it will cause misunderstanding or confusion to consumers and other factors.
7. What are the benefits of using electronic trade mark registration certificates?
Electronic trade mark registration certificates provide multiple benefits to users, including instant delivery, easy to download, print and make inquiry and avoiding loss of paper certificates and also saving administrative resources. Users can read, download and print registration certificates so as to save time and costs to collect paper certificates and enhance their efficient control and management of trade mark information. Moreover, the scanning verification function of the QR Code of electronic trade mark certificates enables users to instantly verify the detailed information and legal status of the certificates.
8. What is the duration of a trade mark registration?
The duration of a trade mark registration is seven years beginning on its granting date.
The registration can be renewed indefinitely for successive periods of seven years subject to payment of renewal fees.
Macau Patents
1. What are the differences between invention patent, utility patent and industrial model & design?
Invention patents and utility patents focus on the improvement of the function, technology adopted, manufacturing technique, users’ convenience, etc. of a product. However, the technical level of a utility patent is lower than that for invention patent. The scope of protection by invention and utility patents are different. The target scope of protection of invention patents is wider than that for utility patents. Methods, substances in no specific form, biomaterials and the application thereof can only apply for invention patents. Products in a specific form can apply for invention patents and/or utility patents. If a person applies both types of patents at the same time, only invention patent or utility patent will be granted.
Industrial model & design refers to the protection of shape, pattern, color or their combinations applied on a new design of a product, which is aesthetic and capable of being applied on an industrial scale.
2. What language should be used in Macau?
An application can be filed in either Portuguese or Chinese (English is not the official language in Macau). If the applicant submits a request for making an examination report in respect of the application, the documents submitted should be written or translated in Chinese.
3. What kind of patent can be applied if claiming priority in Macau?
An applicant can apply invention patents and utility patents if claiming priority in Macau, extension of invention patents only can be applied based on the Chinese patent.
For invention patents and utility patents, the time frame is 12 months from the date of the first filing of the patent applications.
4. I have filed a patent in other countries and mainland China, do I still need to file in Macau?
Macau SAR has a separate patent system, applying for registration of a patent in Mainland China or elsewhere in the world does not automatically give protection in Macau. If you want to protect your technical in Macau, you should apply a Macau patent application.
5. What documents are needed for the extension of invention patent?
A The documents for extending a Chinese Patent application to Macau are as follows:
(a) If the Chinese Patent application is not published when filing the extension application, the documents are
required as follows:
(i) Before publication of the Chinese application:
a copy of the official receipt of the Chinese Patent application and the national application notification by
the State Intellectual Property Office
(ii) After publication of the Chinese application:
a copy of the publication of the Chinese Patent application
(b) If the Chinese Patent application is published when filing the extension application, the documents are
required as follows:
(i) a copy of the publication of the Chinese Patent application;
(ii) Notarized Power of Attorney, (if the Power of Attorney is not in Chinese or Portuguese, a Chinese or
Portuguese translation of the Power of Attorney is required, and the translation also needs to be notarized);
(iii) Certified copy of the publication of the Chinese patent; and
(iv) Certified copy of the extract from the Patent Register.
B The documents for extending a granted Chinese Patent to Macau are as follows:
(a) Certified copy of the publication of the Chinese patent;
(b) Certified copy of the extract from the Patent Register; and
(c) Notarized Power of Attorney (if the Power of Attorney is not in Chinese or Portuguese, a Chinese or
Portuguese translation of the Power of Attorney is required, and the translation also needs to be notarized).
wherein, the certified copies of the publication of the Chinese patent and the certified copy of the extract
from the Patent Register need to be filed within 3 months after the grant of the Chinese patent. Those
certified copies need to be applied to the CNIPO, it takes a certain period of time to obtain them and the
filing date of the certified copies cannot be deferred, so those certified copies need to be applied and
obtained as soon as possible after the Chinese patent is granted.
6. What documents are needed for the invention patent and utility patent?
(a) Applicant’s name, nationality and address,
(b) Inventor’s name, nationality and address,
(c) Specification including a description, claims, drawings and an abstract,
(d) Certified copy of the priority document if the priority is claimed (if the priority document is not in Chinese,
Portuguese or English, a translation is required),
(e) Notarized Power of Attorney (if the Power of Attorney is not in Chinese or Portuguese, a Chinese or
Portuguese translation of the Power of Attorney is required, and the translation also needs to be notarized).
7. What documents are needed for the invention patent and utility patent? How long does it take to obtain the
certificate after receiving the grant notice in Macau?
A Macau patent has a one-month appeal period from the date when the approval order is published in the Official Gazette of the Macao Special Administrative Region. After the expiry of the appeal period, or when an appeal is filed, 5 working days after being informed of the court's definite decision, the registration certificate can be obtained.
Macau Industrial Designs & Models
1. Is there a need to submit a model or sample of a design with the industrial model & design application?
In general, a model or a sample of the design is not necessary. However, if the attached image fails to represent the idea of design clearly, the applicant can submit a model or sample of the design initially or upon request by the Intellectual Property Department of the Macau Economic Services.
2. What should the applicant do in order to claim a priority right of industrial model & design obtained from
a foreign country recently?
In order to claim a priority right of industrial model & design obtained from a foreign country recently, the applicant should apply for “industrial model & design” in the Macau SAR within 6 months from the date of the first application in foreign countries. The applicant should include information of the priority right (i.e. country / region, date of application and application number) in the application form and submit with priority documents as proof for the priority right.
3. What designs are not eligible for registration?
Some designs are not eligible for registration, including:
(a) designs which only serve specified function(s); and
(b) designs of a component which cannot use or form a product by itself, or that can combine with other products
after combination of its own type of components, and possess specified shape and size.
4. Is a disclosed design eligible for registration?
Novelty of a design must not be destructed before registration. The Intellectual Property Department of the Macau Economic Services may refuse an application for registration due to lack of novelty.
A design is considered to be publicized in the following situations:
(a) the design has been announced or shown in an exhibition;
(b) the design has been used in the commercial sector; or
(c) the design is well-known to the public.
On the other hand, designs are not considered as disclosed under the following circumstances:
(a) any third party obtained the design under explicit or inexplicit confidentiality;
(b) disclosed by creator, creator’s successor or third party based on given information or actions taken;
(c) disclosed in an international exhibition held by the Government of the Macau SAR or approved by the
Government, or disclosed in a training course, exhibition or trade fair recognized worldwide, or recognized by
the Government of the Macau SAR or any country / region of the World Intellectual Property Organization or
Union for the Protection of Industrial Property, within 12 months before the date of filing or claimed priority
date; or
(d) disclosed due to abuse of the rights of creator or creator’s successor.
To claim unavoidable disclosure under the circumstances (b) and (c), the applicant needs to provide proof within 3 months counting from the date of application.
Contact
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30 Harbour Road, Wanchai, Hong Kong
Tel : (852) 2877 7755
E-mail: liushen@biznetvigator.com
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