Opposition against a trademark in Portugal

Explanation of our Consulting Services and the Opposition Procedure in Portugal

Our law firm provides professional support in the trademark opposition process against registrations in Portugal. If you believe your trademark rights are infringed by a registered trademark, you have the opportunity to file an opposition to protect your interests.

Deadlines for Filing an Opposition

The opposition against a registered trademark must be submitted within 2 months of the trademark's publication to the Instituto Nacional da Propriedade Industrial (INPI). It is essential to adhere to this deadline to safeguard your claims. Missed deadlines can result in the loss of your opposition rights.

Possible Grounds for Opposition

Common grounds for an opposition include:

• Likelihood of Confusion: If the new mark is similar to your existing mark and could lead to consumer confusion. This is particularly relevant for similar products or services where consumers might assume they are from the same or a related company.
• Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use. This typically requires evidence that the mark was indeed in use before the registration.
• Lack of Distinctiveness: A mark that is not sufficiently distinctive or is too generic may be considered unprotectable. An example could be a description of a product or service that lacks unique features.

Duration of the Procedure

The opposition procedure can take several months, depending on the complexity of the case and the processing time of the INPI. During this time, we are here to support you and keep you informed about all developments.

Comprehensive Services to Enforce Your Trademark Rights

• Assessment of Success Chances: We analyze the likelihood of success for your opposition and provide strategic recommendations.
• Documentation and Legal Argumentation: We prepare all necessary documents for your opposition and present your arguments clearly and convincingly.
• Strategic Legal Advice: We assist you in developing a tailored strategy to enforce your trademark rights.
• Representation in the Procedure: We handle communication with the INPI and keep you updated on the progress of your application.

Free Initial Consultation for Your Individual Situation

We offer you a first, free, and non-binding assessment of your situation. Your inquiry will be treated confidentially.

If you need further information or support in other countries, please do not hesitate to contact us. We are here to help you.