1. Can I use the trademark without registration?
A: The existing laws of the Macao Special Administrative Region do not stipulate that trademarks must be registered before they can be used in related products or services. The user of an unregistered trademark has no exclusive right and no right to prohibit others from using it.
2. What protection can a trademark get after registration?
A: No matter whether the trademark is registered or not, any trademark owner can protect his trademark according to the "unfair competition lawsuit" in the commercial code. "Unfair competition litigation" must prove that the trademark enjoys a reputation and the trademark holder has suffered losses.
If a trademark is registered according to the "legal system of industrial property rights", the trademark holder has the right to prohibit a third party from using its trademark or nearly genuine trademark for products or services related to registration or similar products or services without his own consent. Therefore, the exclusive right of trademark granted by registration is easier to establish than the right of "commercial code".
3. How long does it usually take to register a Macao trademark?
A: It usually takes about six to eight months to register a trademark if the information is complete and there is no objection from a third party.
4. Does advertising belong to the way of trademark use?
A: Yes, the purpose of advertising is to make consumers accept a commodity from its internal quality and external image, and to establish a connection between the commodity and a specific trademark or manufacturer in the minds of consumers.
5. After the death of the trademark owner, who owns the exclusive right to use the trademark?
A: After the death of the trademark owner, the exclusive right to use the registered trademark belongs to his legal heir, and the relevant formalities shall be handled.
6. When the trademark to be registered is colored, how should it be expressed in the trademark application?
A: Since the announcement published in the official gazette of the Macao Special Administrative Region is in black and white, when applying for registration of a colored trademark, the color and related explanations should be expressed in writing in the application.
7. What are the advantages of searching in advance?
A: Searching ahead of time allows the trademark applicant to find the information that has been applied for trademark registration in Macao, and minimize the obstacles that are not registered because they are similar to registered trademarks.
On February 1 2005, the Economic Services Bureau launched an online inquiry service for trademark registration to provide convenience for people from all walks of life and shorten the time for trademark registration.
8. When searching for a trademark, it is found that there is a registered word mark with the same words as the mixed trademark to be registered. Can a mixed trademark apply for trademark registration?
Answer: For a trademark that combines words and graphics, it is necessary to compare both the whole and the main parts of the trademark, because the pronunciation, meaning, overall structure, number of words, arrangement and whether the graphics or words are prominent parts of the trademark are all factors to be considered. Therefore, whether a trademark can be registered depends on the specific situation, not to mislead or confuse consumers.
9. What are the words, marks or signs that the trademark applicant has no exclusive right to use?
A: If a trademark includes marks that can indicate the type, quality, use, value and source of a product or service, or marks or signs commonly used in modern language or business practice, these marks or signs are not regarded as exclusive to the applicant, that is, the applicant does not have the "exclusive right" to them.
For example, if the applicant applies for registration of "XX Bank" and "XX Bakery", the applicant does not enjoy the exclusive right.
10. Can trademarks be protected outside the Macao Special Administrative Region?
A: The trademark registration system in the Macao Special Administrative Region is regional, and the trademark law only protects trademarks granted in Macao. If you want to be protected in other countries or regions, you must apply separately in those countries or regions.
1 1. Is a trademark registered in the Mainland valid in the Macao Special Administrative Region?
A: Because the trademark registration system in the Macao Special Administrative Region is regional, the trademark law in this region only protects trademarks granted in this region. Therefore, if a trademark registered outside the Macao SAR is to be protected in the Macao SAR, it must be reapplied according to the laws and regulations of the Macao SAR.
12. How to classify products or services?
A: Applicants can refer to the Nice classification developed by the World Intellectual Property Organization to classify products or services that use trademarks.
13. How should I apply for using the trademark for multiple products or services?
A: According to Article 204 of the Legal System of Industrial Property Rights, "the oneness of registration application and trademark registration", an application can only fill in a single category of products or services. If it is used for different kinds of products or services, it needs multiple applications. For example, if you want to register a trademark in a clothing beauty salon, you need to fill out two applications.
14. When do I need to submit a power of attorney to register a Macao trademark?
A: If the applicant is not a resident of the Macao SAR or a legal person (i.e. company, society, etc.) established in the Macao SAR, he must entrust the following persons as his agents and submit a valid power of attorney: a lawyer registered with the Bar Association of the Macao SAR; Or residents of the Macao Special Administrative Region; Or a legal person established under the laws of the Macao Special Administrative Region.
If the power of attorney is not written in the local official language, a translation of the local official language (Chinese or Portuguese) must be submitted.
15. What denomination stamps should be affixed to the power of attorney and its translation?
A: The first page of the power of attorney should be stamped with the seal of 25 yuan, and then each page should be stamped with the seal of 5 yuan. The first page of the power of attorney is stamped with MOP 15, and each page thereafter is stamped with MOP 5 yuan.
16. How to fill in and submit the Macao trademark registration application form?
A: The applicant must fill in the Application Form for Trademark Registration and submit it to the Intellectual Property Office together with the power of attorney, priority documents, other licensing documents and their Chinese or Portuguese translations as required.
17. Can the payment period be extended?
A: The applicant should pay the relevant fees within eight working days after the application number is selected. As the application date is calculated by the payment date, the payment period cannot be extended.
18. How to go through the formalities for changing the application materials?
A: The trademark applicant must fill in the Application for Other Acts together with the required documents, submit the application as required and pay the corresponding fees.
19. How to view the trademark announcement?
A: The industrial property protection announcement published in the official gazette of the Macao Special Administrative Region can be found in the "Protection of Trademark Registration" on the website of the Printing Bureau.
20. How to raise a trademark objection?
A: Within two months after the announcement of trademark application was published in the Official Gazette of the Macao Special Administrative Region, anyone can file a written objection to the trademark registration application with the Intellectual Property Office.
2 1. How to handle the trademark transfer procedures?
A: A registered trademark can be attached with the certificate of transfer and the original trademark registration certificate, and an Application for Other Acts can be filled out and the corresponding fees can be submitted to the Intellectual Property Office. For the trademark that is still in the application stage, you only need to fill in the Application for Other Behaviors and the attached transfer documents and pay the relevant fees.
22. What changes are required after the company name or address is changed?
A: After the company's name or address is changed, it is necessary to fill in the Application for Other Acts and submit the application as required.
23. How to apply for trademark renewal?
A: Trademark registration is valid for seven years from the date of approval, and can be extended indefinitely within the same period.
An application for renewal of a registered trademark shall be submitted within the last six months of the validity period. The trademark holder shall submit and pay the renewal fee to the Intellectual Property Office by filling in the Application for Other Acts and attaching the original Trademark Registration Certificate. Six months after the expiration of the trademark, the renewal fee can be paid together with the surcharge. If the period of validity expires for more than six months, the trademark shall be invalid. If you want to protect it, you need to reapply.
24. What can I do if my application for Macao trademark registration is rejected?
A: Instructions for approving or refusing registration are published in the Official Gazette of the Macao Special Administrative Region. According to article 275 (a) of the legal system of industrial property rights, an appeal can be made to the court of ordinary jurisdiction (the court of first instance). According to Article 277 of the same legal system, an appeal should be filed within one month from the date of publication of the Official Gazette of the Macao Special Administrative Region.
legal ground
the trademark law of the people's republic of china
Article 13 An application for trademark registration shall be filled in according to the published classification table of goods and services. For each application for trademark registration, an application for trademark registration 1 copy and a trademark pattern 1 copy shall be submitted to the Trademark Office; Where an application for trademark registration is made by color combination or colored pattern, the colored pattern shall be submitted, and a 1 black and white manuscript shall be submitted; If no color is specified, a black and white pattern shall be submitted.
Trademark patterns should be clear and easy to stick, printed on bright and durable paper or replaced by photos, and the length and width should be no more than 10 cm and no less than 5 cm.
Where an applicant applies for trademark registration with a three-dimensional mark, it shall make a statement in the application, explain the way of using the trademark, and submit a pattern that can determine the three-dimensional shape. The submitted trademark pattern shall contain at least three views.
Where an application for trademark registration is made in the form of color combination, a statement shall be made in the application to explain the use of the trademark.
Where a sound trademark is used to apply for trademark registration, a statement shall be made in the application, a sound sample that meets the requirements shall be submitted, the sound trademark applied for registration shall be described, and the purpose of the trademark shall be explained. When describing a sound trademark, you should use staff or notation to describe the sound of the trademark application, and attach a text description; If it cannot be described by staff or notation, it shall be described by words; Trademark description and sound sample should be consistent.
To apply for the registration of a collective trademark or a certification trademark, it shall be declared in the application form, and the qualification certificate of the subject and the management rules for the use shall be submitted.
Where a trademark is in a foreign language or contains a foreign language, its meaning shall be stated.