Get to know more about trademark registration
August 11, 2014 11:16:20
Highlights
2014.08.11 The Cultural Affairs Bureau
As we all know, a company’s tangible properties should definitely be protected, whilst the protection of intangible properties must not be ignored. Since a trademark is your company’s intangible property and a label of credibility, did you ever notice that Macao has also introduced legislation to protect registered trademarks? Although trademark registration is not mandatory, if you are not acquainted with the relevant laws the achievements your company has made over the years may be in vain should any dispute arise.
The Decree-Law no. 97/99/M “Industrial Property Code” dated 13th December 1999, as amended by Law no. 11/2011 is the major law currently executed in Macao governing trademarks. It is noteworthy that in terms of the original acquisition of a trademark, Macao applies the principle of “first register, first reserved”, meaning that the right of ownership of the trademark will only be valid after the completion of certain procedures stated in the stipulations of the “Industrial Property Code” and the approval of registration by the competent authority. In contrast, those countries/regions such as HK, US and UK adopting the common law system employ the “first use, first reserved” principle, which is different from that of Macao. Hence, in Macao, the earlier the trademark has been registered, the less the chance of getting involved in disputes.
The competent authority responsible for trademark registration in Macao is the Intellectual Property Department of the Economic Services. Trademark registration may involve certain administrative procedures: if you overlook these procedures, you may be subject to legal disputes or even trademark lawsuits. Take a case from the neighbouring region as an example. A renowned cake shop engaged in a series of lawsuits for 15 years upon entering the mainland market as a result of a trademark dispute. So completing the trademark registration as soon as possible is greatly beneficial to protecting the rights of your company.
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