Macau is an important gateway for China's external communication and exchanges, and is also a key area for domestic and foreign applicants to apply for trademarks. This article briefly introduces Macau's trademark registration process.
1. Macau Trademark Search
It is advisable to conduct a trademark search in Macau before submitting an application to ensure that the intended trademark is not already registered in Macau or similar to existing trademarks. The Economic and Technological Development Bureau of Macau (DSEDT) does not provide official search services, so trademark agents can be engaged to conduct unofficial trademark searches in Macau.
2. Macau Trademark Application
Once search results necessitate further action, you can proceed to submit a trademark registration application to the DSEDT. The application should include the applicant's name and address, a clear representation of the trademark, a list of goods or services covered by the trademark, and other necessary details. If a trademark agent is appointed to submit the application, a formally certified power of attorney, such as one authenticated by a notary public, must also be provided.
3. Macau Trademark Procedural Examination
After the application is submitted, the DSEDT will conduct a procedural examination to ensure that the application meets formal registration requirements, such as submission of necessary documents in good order, and payment of fees.
4. Macau Trademark Publication and Opposition
If the application passes procedural examination, it will be published in the Official Gazette for a period of two months during which any interested party can file an opposition to the trademark registration.
5. Macau Trademark Substantive Examination
If no opposition is raised during the publication period, or if opposition is unsuccessful, the DSEDT will conduct a substantive examination to review whether the application should be refused on relative or absolute grounds.
6. Macau Trademark Registration and Renewal
If the Macau trademark application is successful, the trademark will be registered, and an electronic registration certificate will be issued. The validity period of a Macau trademark is 7 years from the date of registration and can be renewed for additional 7-year periods.
The entire registration process for a Macau trademark typically takes approximately 9-10 months under a smooth prosecution.
Characteristics of Macau Trademark Registration
1. Multi-class application is not available in Macau, and we have to file single class applications.
2. Series trademarks in one application, such as variations in capitalization or stylization, are not available in Macau, either. Each version needs to be filed as a separate application, if the applicant would like to protect all of them through registrations.
3. Macau follows the "first-to-file" principle, meaning that trademark rights in Macau are established through registration, with priority given to the first person to file a trademark application. Even if a trademark has been in use in Macau for some time, legal rights to the trademark are not established until it is registered in Macau.
4. Macau follows a "publication before examination" process similar to that of many South American countries, where trademarks are subject to opposition after initial examination before undergoing substantive examination.
5. Unlike most countries or regions where trademark validity is 10 years, Macau trademark registration is valid for only 7 years and must be renewed before the expiry of the 7-year term or within the 6-month period after the expiry date.
6. Macau introduced electronic trademark registration certificates starting from September 27, 2022. Applicants applying for trademark registration online can choose to receive either an electronic registration certificate or a paper registration certificate, both of which have equal legal effect.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
