Macau Trademark Registration
Introduction
The Macau Special Administrative Region is one of the two special administrative regions of the People's Republic of China, the other being Hong Kong. Macau lies on the western side of the Pearl River Delta, bordering Guangdong province in the north and facing the South China Sea in the east and south. The territory has thriving industries such as textiles, electronics and toys, and a notable tourist industry that boasts a wide range of hotels, resorts, stadiums, restaurants and casinos. This makes it one of the richest cities in the world.
Macau was both the first and the last European colony in China. Portuguese traders first settled in Macau in the 16th century and subsequently administered the region until the handover on December 20, 1999. The Sino-Portuguese Joint Declaration and the Basic Law of Macau stipulate that Macau operates with a high degree of autonomy until at least 2049, fifty years after the transfer. Under the policy of "one country, two systems", the Central People's Government is responsible for the territory's defense and foreign affairs, while Macau maintains its own legal system, police force, monetary system, customs policy, immigration policy, and delegates to international organisations and events.
A trademark is a sign that is used to distinguish the goods or services of a company from those of others. Trademark is one of the essential components in the field of intellectual property.
Service target and eligibility of application
1. Any individual who is holding a Macao SAR Resident Identity Card;
2. Any body corporate registered in the Macao SAR and constituted according to the law of the Macao SAR;
3. For those who do not hold a valid Macao SAR Resident Identity Card, or are not a body corporate registered in the Macao SAR, they can appoint one of the following entities as their proxy, and submit the relevant “Power of Attorney”:
- A lawyer registered with the Macao Lawyers Association;
- A body corporate registered in the Macao SAR;
- An official industrial property agent authorized or accredited in the Macao SAR (currently not applicable).
Flowchart of Apaplication Process for Trademark
Necessary documents
1. The completed “Application for Registration of Trademark” form, (can be prepared by our firm);
2. Notarized Power of Attorney;
3. Where appropriate, submit the following documents:
- Document of priority right;
- If the certificates or other documents are not written in official languages of MSAR, translated copies should be submitted in any official languages of MSAR (Chinese or Portuguese);
Processing time
1. If the documents have been presented in order, the registration will be granted in approximately six to eight months;
2. Time required for the issue of registration certificate is five working days.
Macau Trademark Renewal
Within the final 6 months of the registration validity, the applicant should renew his trademark protection and pay the respective renewal fee. This renewal process will be conducted within 5 working days from the date the request is made, and the notice of the renewal will be published in the Official Bulletin of Macao SAR. Within 10 working days after the renewal notice has been issued, the IPD will file and return the renewed registration certificate to the owner.
Macao Trademark Opposition
Any person may file an opposition to the registration during a two months period after the publication of the application in the Official Bulletin of Macao SAR.
A duplicate of the opposition is sent to the applicant. The applicant may respond to the complaint in writing, and it is to be filed within one month of the respective notification. Both parties are then given the opportunity, within certain time limits, to file evidence in support of the application and opposition. Once the period for the presentation of oppositions has expired, the IPD will proceed to the examination and study the proceedings, and decide upon the granting, or not, of the application
Remarks
1. Registration of trademark is valid for 7 years counted from the date of granting. It may be renewed indefinitely, and each renewal will extend the validity for another 7 years. Within the six-month’s period right before the date of expiration, the right-holder of trademark can submit the application of renewal. The relevant renewal will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR, and the registration certificate could be obtained ten working days after the publication of the renewal;
2. In the following cases, an annotation is required to record or inscribe in the respective application document and registration certificate:
- Issue of exploitation license of trademark;
- Assignment of the right of trademark;
- Alteration of the name of applicant, right-holder or body corporate;
- Alteration of the address of applicant,