Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim
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A trademark should be protected in Macau for seven years starting from the date of approval of the application
Macau is the member of Paris Convention and TRIPS Agreement.
Any parties have the right to file the opposition against an applied trademark within 02 months counted from the publication date of the notice of filing a trademark application
It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Macau.
Trademark means a sign or group of signs which are capable of being represented graphically, namely words, including personal names, designs, letters, numerals, sounds, the shape of the product or its packaging, and which are capable of distinguishing the products or services of one company from those of other companies.
Wording contained in trademarks shall be written in Portuguese, Chinese or English, and may combine elements of these different languages
The trademarks of products destined solely for export can be written in any language, but their use in Macao shall determine when they lapse
The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
A cancellation action may be filed by any third party at any time within five (5) years from the date of registration if it can be evidenced that the mark does not meet the criteria for protection.
The following documents are required for renewal of a trademark in Laos:- Original notarized Power of Attorney;
– Photocopy of original Certificate of Trademark Registration;
– 15 samples of trademark;
06 months grace period is allowed for late renewal of trademark in Laos
The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Laos for recording their protection trademark
