Macau is geographically and strategically located in the heart of the Greater Bay Area, which includes Hong Kong and several other major cities in southern China. This makes it an attractive location for businesses looking to expand their presence in the region. Macau is also a rapidly growing economy driven by its thriving tourism and gaming industries. It presents opportunities for businesses to tap into a growing market and establish their brands in the region. Registering trademarks in Macau can thus provide international businesses with a strategic foothold in the region and access to a growing economy. This article will provide you with a summary of the trademark registration process in Macau and some of its main characteristics.
OCT Law Firm was established in 2017 by 5 experienced lawyers sharing the same philosophy and motivation. One of our main practice is IP and commercial where we provide legal supports for State-Owned Enterprises and Listed Companies.
In the case of a straight-forward application, it is estimated that the entire process will take around 9 to 12 months.
Trademark registration in Macau requires the use of either Traditional Chinese or Portuguese as the official filing language. It means that all application documents, including the application form, list of goods or services, and supporting materials, must be submitted in either Traditional Chinese or Portuguese.
If the powers of attorney or any other supporting documents are in any foreign language, they must be translated into either Traditional Chinese or Portuguese, and the translation must be duly authenticated / certified, commonly by a Notary Public; stamp duty is also required for translation certificate.
To ensure the validity of the Macau trademark registration, it is crucial for applicants whose mother language is not Chinese or Portuguese to ensure that the translation prepared is precise and accurately conveys the intended meaning of the original document. Any inconsistencies or mistakes in the translation could potentially impact the validity of the Macau trademark registration. Therefore, it is essential to take great care in the translation process. Increasing time and cost to be incurred for translation in the registration process should also be expected.
There are 45 trademark classes of goods or services that can be registered for as defined by the Nice Classification System (see Trademark Classes? Basic but not Simple!). Macau trademark applications must be filed on a per-class basis, meaning that each individual class of goods or services requires a separate application.
The single-class system for trademark applications in Macau has both advantages and disadvantages. On the positive side, it can be easier for businesses to keep track of the status of each application and to manage any issues that may arise which facilitates easier trademark management. It also allows businesses greater flexibility to tailor their trademark portfolio to their specific needs and to prioritize protection for certain classes over others. However, there are also drawbacks to the system. Filing on a per-class basis can increase costs, require more administrative work, and be more time-consuming than filing a multi-class application.
Series mark is not allowed for registration in Macau, meaning that multiple versions of a trademark, such as word mark in uppercase versus in lowercase, must be filed as separate applications. This can simplify the design process for businesses, but it can also increase the cost and time required to file for each separate version of the trademark. While this system allows for more control over the trademark portfolio, it can also be more cumbersome for businesses with multiple versions of their Macau trademark.
Macau adopts the first-to-file rule, that trademark rights in Macau are established through registration, with priority given to the first person or entity to file a trademark application for a specific mark. This means that even if you have been using a mark in Macau for a period of time, you will not have legal rights to the mark until it is registered with the DSEDT.
Under the first-to-file system, it is crucial to submit a trademark application promptly to safeguard your brand in Macau. If someone else submits an application for the same mark before you do, they will have priority over your application and may be able to prevent you from using the mark in Macau, regardless of your prior use of the mark (see also First-to-file system (civil law system)).
Although we trust that this summary has been helpful, trademark registration in Macau can be a complex process. Therefore, it is important to work with a knowledgeable trademark agent in Macau who has a deep understanding of the system. The agent can provide the necessary knowledge and support to help you protect your IP effectively.
As we all knew that the protection for trademarks is regional, that means if you want to get the protection, you should register your trademark in each place. As for the case mentioned above, the client successfully registered the trademarks in Macau Special Administrative Region (herein after named as ‘Macau SAR’).
