1. Trademark registration applications are first announced and then reviewed

In Macau, after a trademark registration application is submitted, an announcement is made first. Others may raise objections within 2 months from the date of announcement. The examiner will conduct a substantive examination only if there is no objection after the announcement period expires, or if there is an objection and the objection procedure is completed.

This is opposite to the application system in mainland China. In mainland China, trademark registration applications follow the system of “substantial review first and then announcement”. After the registration application is submitted, it will be reviewed by the examiner. After a substantive review, if there is no violation of relevant legal provisions, an announcement will be made and a third party will raise objections.

2. Trademark use for no more than 6 months can claim priority

Macao’s trademark protection adopts the “first to file” principle. Under normal circumstances, protection is granted to the entity that files the trademark application first, with only a few exceptions. One of the exceptions is the use of the trademark before application and the period of use is less than 6 months.

In Macau, if the use of an unregistered trademark does not exceed 6 months, the user can claim priority when applying for a trademark. The priority date is calculated from the date of first use. However, if you have used a registered trademark for more than 6 months without applying for registration, it will become more difficult to protect your rights if you encounter unauthorized use by a third party or apply for registration.

This provision will help applicants conduct market testing in order to designate trademark protection strategies more rationally and choose brands more popular with consumers at lower costs.

3. Trademark renewal can recalculate the period of non-use

For a registered trademark that has not been used for three consecutive years, others can apply for revocation. This has become common knowledge in the industry. The starting point for the calculation of the aforementioned "three years" can be either the registration date or the last use date. However, a series of judgments issued by Macau courts recently have changed this conventional practice.

According to the latest legal regulations, after trademark renewal, the three-year period of continuous non-use will be recalculated. In this case, the unused trademark cannot be revoked. The purpose of the law's provisions on the use of registered trademarks is to ensure that unused trademarks can be "reused" so that bona fide economic entities can use and register such trademarks. Although this approach goes against the original intention of the law and international standards, it has actually been gradually implemented in intellectual property offices and courts.

In the future, for unused registered trademarks, the 3 years after registration are the safety period. Starting from the 4th year, there is a risk of being revoked by others. However, 3 years after renewal, the safety period will enter again.

4. Registered trademarks can counter similar company names

Macau Commercial Law stipulates that if the company name to be registered is similar to a registered trademark, and the company’s business scope is consistent with the registered trademark, If the product or service is related, the similar company name will not be approved. In practice, the Macau courts have extended the application of this provision to unregistered well-known trademarks.