Understanding Trademarks and Logotypes

Trademarks represent one of the most valuable assets of any organization. Consequently, safeguarding them through proper registration is essential, regardless of the nature of the business activity.

According to the National Institute of Industrial Property (INPI) and the World Intellectual Property Organization (WIPO), a trademark is defined as “a sign that serves to distinguish the products or services of one company from those of other companies.”

The American Marketing Association, whose definition remains widely referenced in classic marketing literature, provides additional clarity: “A trademark is a name, term, sign, design, or a combination of these elements, intended to identify the products and services of a seller or a group of sellers and to differentiate them from competitors.”

Registering a trademark ensures legal ownership and exclusive rights to its use for the products and services for which it is intended.

A logotype on the other hand, functions as an institutional signature—a visual identifier that distinguishes your company as a provider of goods or services from other entities.

Just as with trademark registration, it is crucial to protect the symbol or image representing your company by registering it. While trademark registration focuses on safeguarding products or services, logotype registration aims to protect and differentiate the corporate identity itself, serving as a distinctive “mark” of your organization.

Types of Trademarks

Under Article 222 of the Industrial Property Code, trademarks can take various forms depending on their graphical representation.

A trademark must be represented in a manner that ensures, for all registration-related purposes, that its reproduction is clear, precise, self-contained, easily accessible, intelligible, durable, and objective. This enables both the competent authorities and the public to determine, in a clear and accurate way, the scope of protection granted to its holder.

Since the representation of the trademark defines the object of registration, any accompanying description must be consistent with that representation and may not extend beyond its scope.

– Word Mark: A sign composed exclusively, or in combination, of words, letters, numbers, or other standardized typographic characters, without any graphic representation, stylization, or colour.

– Figurative Mark: A sign consisting of words, letters, numbers, or other typographic characters when presented in a stylized manner, in a non-standard format, or incorporating a graphic element or colour, or consisting solely of figurative elements.

– Three-Dimensional Mark: A sign that consists of, or incorporates, a three-dimensional shape, including containers, packaging, the product itself, or its appearance. The graphic or photographic representation must include multiple views if necessary to clearly convey the three-dimensional element intended for protection.

– Position Mark: A sign defined by the specific way in which it is placed or affixed to products. The representation must accurately identify the position of the sign and its size or proportion relative to the products concerned.

– Pattern Mark: A sign composed exclusively of a set of elements that repeat regularly. The representation should display the repeating pattern and may be accompanied by a description specifying the regularity of repetition.

– Colour Mark: Colour marks fall into one of two categories: 1) A sign consisting exclusively of a single colour, without contours; or 2) A sign consisting exclusively of a combination of colours, without contours. 1) A single-color mark must be represented by a reproduction of the colour and identified by reference to a generally recognized colour code; or 2) A combination of colours must be represented by a reproduction showing the systematic arrangement of the colours in a uniform and predetermined manner, along with identification by reference to a recognized colour code.

– Sound Mark: A sign consisting exclusively of a sound or a combination of sounds. Representation must be provided through an audio file reproducing the sound or an exact depiction in musical notation.

– Motion Mark: A sign that consists of, or incorporates, movement or a change in the position of its elements. Representation must be provided through a video or a sequence of still images illustrating the movement or positional change.

– Multimedia Mark: A sign that consists of, or incorporates, a combination of image and sound. Representation must be provided through an audiovisual file containing both elements.

– Hologram Mark: A sign composed of elements with holographic characteristics. Representation must be provided through a video or a graphic or photographic reproduction containing sufficient views to identify the holographic effect in its entirety.

If a trademark does not fall under any of the categories listed above, its representation must comply with the established standards and be accompanied by an appropriate description.

In addition to their form of representation, trademarks may also differ in their characteristics:

– Collective Marks: Formerly known as association marks, these are signs owned by associations of natural or legal persons, whose members use them to distinguish their products and services. A collective mark grants its holder the right to regulate the commercialization of the respective products under the conditions established by law, the association’s statutes, or internal regulations.

– Certification or Guarantee Marks: Previously referred to as certification marks, these are signs owned by natural or legal persons who oversee products or services and establish standards that must be met. These standards may relate to material, manufacturing methods, service provision, quality, accuracy, and other factors—excluding geographical origin.

A logotype, like a trademark, may be word-based, figurative, or mixed (a combination of verbal and figurative elements).

Rights Conferred

The registration of a trademark grants its holder a set of exclusive rights, the most significant of which is the right to oppose the use or registration of any identical or similar sign by third parties when such sign is used to designate the same products or services, or those with clear affinity or complementarity to those identified by the registered trademark.

In accordance with Article 249 of the Industrial Property Code (Decree-Law No. 110/2018 of December 10): “The registration of a trademark grants its holder the right to prevent third parties, without consent, from using, in the course of economic activities, any sign identical or similar for products or services identical or related to those for which the trademark was registered, and which, due to the similarity between the signs and the affinity of the products or services, may cause a risk of confusion or association in the mind of the consumer.”

Trademark Registration Request (National (Portugal) Route)

To apply for trademark registration, it is necessary to submit:

- A trademark registration application form (M1), provided by INPI;
- A graphical representation of the trademark for publication, if the sign to be protected is not purely verbal;
- Payment of the applicable application fees.

When protection is requested through INPI, and once registration is granted, it is valid and effective only within the national territory—Portugal.

After submission to INPI, the application undergoes a formal review and is prepared for publication in the Industrial Property Bulletin.

Once published in the Bulletin, a two-month period begins during which any person or entity who considers themselves harmed by the potential granting of the registration may file an opposition. The applicant may respond to such opposition within two months from the date of notification of its submission.

If no opposition is filed, or once the discussion is concluded, the trademark application proceeds to substantive examination. This review assesses:

- Absolute criteria: the distinctiveness and suitability of the sign to constitute a trademark;
- Relative criteria: the existence of prior rights held by third parties.

The examination concludes with either a final decision granting registration or a provisional refusal.

In the case of a provisional refusal, the applicant may respond within one month (extendable), presenting arguments against the grounds for refusal indicated in the examination report.

In a standard process without opposition, a decision is typically issued within 4 to 6 months from the date of publication in the Industrial Property Bulletin.

The final decision of INPI may be appealed either administratively to INPI itself or judicially to the Intellectual Property Court.

Internationalization (European Union Trademark and International Trademark)

European Union Trademark:

This registration covers all Member States of the European Union under a single application, granting protection throughout the European market.

The trademark application is filed with the European Union Intellectual Property Office (EUIPO) and, following formal and substantive examination regarding absolute grounds for refusal, it is published.

Third parties may file an opposition within three months. If no opposition is filed, the application proceeds to registration without examination of relative grounds for refusal (such as the existence of prior rights).

In the event of opposition, the parties are given time to reach an amicable settlement. It is common for conflicts between trademark holders to be resolved through coexistence agreements, which typically involve limiting the list of goods and services and restricting territorial scope of use.

If no agreement is reached, EUIPO examiners review the opposition and issue a decision.

Any party dissatisfied with the decision may appeal to the Boards of Appeal.

If the opposition is deemed admissible, it is possible—depending on the specific case—to convert the application into national applications in countries where no obstacles exist.

International Trademark:

For applicants residing, domiciled, or established in Portugal, the process of applying for an international trademark must be based on either a national trademark or a European Union trademark.

In either case, it is possible—within a six-month period—to claim the priority date of the first application, whether filed in Portugal or in the European Union.

In an international trademark registration, it is also possible to designate the European Union as a single entity, as it constitutes a member state that has ratified the Madrid Protocol.

Once the application is filed, the international trademark is examined individually in each designated country or region within a maximum period of 18 months. During this time, official actions or oppositions may occur, and responses must be submitted; failure to do so may result in the trademark not being approved in those specific jurisdictions.

International registration offers significant advantages, as it allows multiple countries to be covered under a single process, making it more efficient and cost-effective. Furthermore, it enables future extensions to other countries that are part of the Madrid Agreement/Protocol.

The only drawback is the initial dependency on the base registration for a period of five years. If the national or EU trademark application/registration is refused or lapses, this will affect the international trademark accordingly.

Maintenance of Trademark Registration

A national trademark registration is valid for 10 years from the filing date and may be renewed indefinitely for successive periods of 10 years.

Similarly, European Union trademarks (valid in all Member States) and international trademarks are also valid for 10 years from the filing date, with subsequent renewals for additional 10-year periods.

Maintenance of Logotype Registration

The registration of a logo is valid for 10 years from the filing date and may be renewed indefinitely for successive periods of 10 years.

RCF PI provides technical support on all intellectual property matters for its clients, including conducting infringement evidence searches and engaging with infringers to seek amicable conflict resolution.

A simplified form of protection for practical inventions

Utility Models are an alternative and faster form of protection, ideal for inventions with technical value and immediate practical application.

This route is particularly suitable for functional improvements to existing products or processes, allowing inventors and companies to protect and commercially exploit their creations more quickly.

What is a Utility Model?

Like a patent, a Utility Model is an industrial property right that grants its holder exclusive rights to exploit an invention within Portuguese territory.

It may cover products or processes, excluding inventions relating to biological matter, chemical compositions, substances, or chemical or pharmaceutical processes.

As with other protection mechanisms, the invention must meet three essential requirements:

• Novelty — it must not have been publicly disclosed prior to filing;
• Inventive step — it must provide a technical or practical advantage over known solutions;
• Industrial application — it must be capable of being manufactured or used in an industrial context.

The main difference compared to a patent is that a Utility Model requires a lower level of technical inventiveness, making it more accessible and quicker to obtain.

Requirements for Granting Utility Models

Regarding the requirements for grant, an invention may be protected by a Utility Model if it is new, involves an inventive step and has industrial applicability, just as is required for patents.

However, with respect to inventive step, the Utility Model threshold is lower than that of a patent, as it is sufficient for the invention to present a practical or technical advantage in the manufacture or use of the product or process concerned.

Utility Models may also be filed internationally, similarly to patents. However, not all jurisdictions recognise this form of protection, meaning that the international scope of Utility Models is more limited than that of patents.

Given the specific characteristics and limitations of Utility Models in comparison to patents, the decision to pursue protection via this route should be carefully assessed with our specialists, taking into account the patentability potential of the invention.

Rights Conferred

A Utility Model grants its holder the exclusive right to exploit the invention anywhere in Portuguese territory. If the subject matter of the Utility Model is a product, the holder may prohibit third parties, without consent, from manufacturing, using, offering for sale, selling, or importing the product for those purposes. If the subject matter is a process, the holder may prohibit third parties, without consent, from using the process as well as using, offering for sale, selling or importing the product obtained directly by that process.

Utility Model Application Process

As with a patent application, the protection process begins with the drafting of the text—a technical and legal document that describes the invention in sufficient detail to allow a person skilled in the art to carry it out. The precision of the drafting is essential, as the text of the Utility Model application defines the scope of protection and the value of the right granted.

A Utility Model application must include the following elements:

• Application form for a patent or utility model;
• Claims defining what is new and characterising the invention;
• A detailed description of the invention;
• Drawings necessary for full understanding of the description;
• Abstract of the invention;
• Figure for publication;
• Payment of filing fees.

The Portuguese Industrial Property Office (INPI) conducts the examination of the invention, considering all elements of the file, and makes the final decision on grant.

Duration and Maintenance of a Utility Model

A Utility Model has a duration of 6 years from the filing date, extendable for two additional periods of 2 years, up to a maximum of 10 years.

Annual fees are payable from the third year after filing; failure to pay results in the lapse of the right.

The Importance of Confidentiality

As with any form of protection, effective safeguarding requires following the “Golden Rule”: do not disclose the invention by any means before filing the Utility Model application. Presentations, articles, prototypes or online publications may compromise novelty and render protection impossible.

The Role of RCF

RCF has a team of specialists who provide technical and legal guidance to identify the most appropriate way to protect your invention—whether through a patent or a Utility Model—including:

• Patentability analysis and recommendation of the most suitable form of protection;
• Drafting and filing the application with the INPI;
• Full management and monitoring of the process until grant;
• Maintenance and renewal of the right throughout its lifecycle;
• Legal support in cases of litigation or infringement.

Transform your innovations into exclusive assets

A patent is an industrial property right that corresponds to a contract between the State and the patent holder, transforming an invention into an exclusive asset. Under this contract, the State grants the holder the right to prevent third parties from manufacturing, offering, storing, placing on the market or using a patented product, as well as importing or possessing it for some of the aforementioned purposes.

When the invention concerns a process, the patent grants the holder the right to prevent third parties from using the patented process or, if the third party knows or ought to know that use of the process is prohibited without the patent holder’s consent, from offering its use, as well as offering, storing, placing on the market, using, importing or possessing for those purposes any products obtained directly by the patented process.

More than a legal formality, a patent is a strategic tool that protects investment and ensures return on innovation.

What can be patented

New inventions that involve an inventive step and are capable of industrial application may be patented, including products, processes, substances or compositions in any technological field.

To obtain the grant of a patent, the invention must meet three well-defined patentability requirements:

• Novelty: it must not have been publicly disclosed before the filing date;
• Inventive step: it must not be obvious to a person skilled in the art;
• Industrial applicability: it must be capable of being manufactured or used in any branch of industry or agriculture.

Patent application process

The protection process begins with the drafting of the patent application, a technical and legal document that describes the invention in sufficient detail to allow a person skilled in the art to carry it out. The precision of the drafting is essential, as the text of the patent application defines the scope of protection and the value of the right granted.

At RCF, drafting is carried out by industrial property specialists and always in close collaboration with the inventors, as they know the invention best and, in most cases, are also experts in the technical field to which the invention relates. Our professionals have a technical background and specialised training in patent drafting, ensuring that every detail is correctly formulated to guarantee legal robustness and maximum grant potential.

Beyond drafting patent applications, our professionals also act as technical experts in patent litigation, preparing patentability opinions, infringement analyses of products against existing patents, and validity assessments of granted patents.

In Portugal, the official recognition of these professionals’ expertise is conferred by the Portuguese Industrial Property Office (INPI) through the qualification of “Official Industrial Property Agent” (AOPI).

RCF includes within its team several patent specialists covering all technical fields, as well as Official Industrial Property Agents, offering highly specialised support both in patent matters and in all other forms of protection provided for by law.

Protection routes

National Route

The application may be filed directly with the Portuguese Industrial Property Office (INPI), ensuring protection within Portuguese territory.

When the applicant wishes to secure a priority date but does not yet have all elements required for filing a complete patent application, a provisional patent application (PPP) may be filed. This provisional application must describe the invention sufficiently for it to be carried out by a skilled person and must be converted into a non-provisional patent application within 12 months from its filing date before INPI.

To be granted, the patent application undergoes a search and subsequent examination to assess the three patentability requirements: novelty, inventive step and industrial applicability. INPI also verifies whether the application contains a sufficient disclosure allowing the invention to be put into practice by a skilled person.

European Route (European Patent Convention)

The European Route allows the invention to be protected in multiple countries through a single application, extending protection to the contracting states of the European Patent Convention.

The EPC currently includes 39 member states, including all EU Member States, as well as Albania, North Macedonia, Iceland, Liechtenstein, Monaco, Norway, San Marino, Serbia, Switzerland, Türkiye, the United Kingdom and Montenegro. The EPC also includes 2 extension states (Bosnia and Herzegovina) and 4 validation states (Morocco, the Republic of Moldova, Tunisia and Cambodia).

Since June 2023, it has also been possible to request Unitary Effect or a Unitary Patent, obtaining protection in 17 EU Member States, with more Member States expected to ratify the Agreement on Unitary Effect in the coming years.

The application is filed with the Portuguese Industrial Property Office or directly with the European Patent Office. Once the European patent is granted, it must be validated in each of the countries where protection is sought, thereby extending the rights conferred by the European patent to the jurisdictions of interest.

International Route (Patent Cooperation Treaty – PCT)

The International Route allows the filing of a single patent application — the international patent application — with effect in all Member States of the World Intellectual Property Organization, thus avoiding the need to file separate applications in each country.

The World Intellectual Property Organization currently has 194 member states, of which 158 are contracting states of the PCT.

The international application is filed in a single language and results in a single publication. During the international phase, the applicant also receives an international search report and a written opinion, prepared by an International Searching Authority, which assess whether the invention meets the patentability requirements.

Within 30 months from the PCT filing date or the earliest priority date (if any), the applicant may enter the national and/or regional phases in the jurisdictions where protection is sought. Each national or regional office will then examine the application according to its own law. This means that the same invention may be refused in some jurisdictions and granted in others.

This procedure simplifies global protection strategy and provides additional time (up to 30 months) to decide which markets to pursue.

The importance of confidentiality

One of the most common and most damaging mistakes regarding patentability is prior disclosure of the invention by its own inventor(s)/applicant(s) before filing the patent application. Such disclosure compromises the novelty requirement and, therefore, the chances of obtaining a patent. Examples include presentations of posters, oral communications at conferences or publishing product previews on the applicant’s website.

Sometimes these disclosures are not detected during the search conducted by the examining authority, and therefore the patent may still be granted. However, a patent obtained under these circumstances is a “weak” right, as it may easily be revoked in court by any third party that can prove a prior disclosure before the filing date.

To ensure effective protection, a “Golden Rule” must be followed: never disclose the invention by any means before filing a patent application. Presentations, articles, prototypes or online publications may compromise novelty and render patent protection impossible.

If you have an innovative idea for which you seek legal protection, you can benefit from our professional advice regarding the most suitable forms and routes of protection, and receive personalised assistance throughout the administrative process — from drafting the application to obtaining grant. Additionally, you may rely on our legal support in litigation or other relevant situations.

Patent Maintenance

In Portugal and in most jurisdictions, the duration of a patent is 20 years from the filing date, subject to the payment of annual fees.

In most cases, annual fees are payable from the third year after the filing date, as in Portugal. However, in some countries they are due from the first year, and in others only after the patent is granted.

RCF ensures full monitoring and management of all deadlines and fees, guaranteeing the validity of rights in every jurisdiction.

The role of RCF

RCF has a team of patent specialists — technical experts and jurists recognised by the Portuguese Industrial Property Office, including Official Industrial Property Agents, and by the European Patent Office — capable of:

• Drafting and filing national, European and international patent applications;
• Providing strategic advice on the best protection route;
• Conducting prior-art searches and preliminary patentability analyses;
• Managing the entire process from filing to grant;
• Providing technical and legal support in cases of litigation or infringement.

In a world that is constantly changing, innovation is the driving force behind a company’s competitiveness and differentiation. The development of new or improved products and services is essential to maintain or enhance competitiveness in an increasingly demanding and global market.

Innovation, and consequently the development of new products, is a rapidly growing reality. Every day, creations by researchers, entrepreneurs and companies are disclosed across a wide range of technological fields—from biotechnology to medicine, electronics to software, as well as creations distinguished mainly by innovative design.

Innovation thrives in an increasingly dynamic ecosystem, where technology hubs, incubators and clusters join forces with a common goal, to create the right conditions for Research and Development, to support the financing of entrepreneurs, and to foster the development of partnerships and innovative projects at both national and international levels. These collaborative environments enhance knowledge, specialisation and synergies between companies and institutions.

In addition to the sharing of knowledge and expertise, these collaborative environments promote innovative partnerships and projects at national and international levels. The results are evident: more added value, more exports, more foreign investment, and more job opportunities, all of which have a direct impact on Portugal’s competitiveness and its international reputation.

However, innovation alone is not enough, protecting innovation is essential. Protection safeguards knowledge and ensures that the investment, effort and expertise involved are not unfairly exploited by third parties.

Why Protect Innovation

Protecting innovation ensures exclusivity, value creation and return on the investment made in its development.

Depending on the type of innovation, protection may be obtained through patents, utility models, designs, trademarks, logos, or by filing creations for copyright recognition, among others.

Intellectual and Industrial Property rights create real value:

• protect product differentiation, creating freedom to operate in the market;
• reinforce credibility with partners and investors;
• ensure return on investment;
• provide the legal basis for technology licensing or business expansion.

Without solid protection, the interest of investors or major companies in obtaining licences for exploitation or in acquiring industrial property rights (Patents, Utility Models, Designs) disappears, even in cases of highly successful innovations.

Before moving forward, investors or interested companies always verify whether such rights have already been granted or at what stage of the process they are, the scope of protection, and whether the commercial exclusivity is effective.

Trademarks, on the other hand, allow the identification of a company’s products and services, distinguishing them from those of other businesses. Registration grants exclusivity and the right to prevent third parties from using identical or similar signs for identical or similar products or services. It is therefore highly advisable, before launching a trademark, to verify its registrability, that is, to confirm that no identical or similar trademarks are already registered for the products or services intended to be marketed under that trademark. Once registrability is confirmed, the trademark should be registered to obtain the corresponding exclusive rights.

A logo complements this protection by identifying a company in a distinctive manner across all its communications, advertising, printed materials and correspondence.

How RCF Can Help

RCF offers specialised services in innovation protection and intellectual property, providing personalised support at every stage of the process, including:

• Searches of the state of the art in specialised industrial property databases for a preliminary assessment of the patentability of an invention;
• Strategic advice on choosing the appropriate routes for protecting the invention (national, European or international);
• Drafting patent or utility model applications;
• Full monitoring and management of the entire administrative procedure, from filing to grant;
• Maintenance of rights, ensuring compliance with deadlines and payment of official fees in the countries where protection is sought and maintained;
• Monitoring of rights and applications related to our clients’ fields of activity;
• Technical analyses to assess the possibility of placing a new product on the market (“freedom to operate”);
• Validity analyses of industrial property rights;
• Infringement analyses for products and/or manufacturing processes;
• Verification of trademark and logo registrability (prior art searches);
• Advice and support throughout the trademark, logo and design registration process;
• Support with the registration of designations of origin or geographical indications;
• Assistance with the filing of intellectual creations in the literary, scientific or artistic fields, expressed in any form, including the protection of the respective authors’ rights—Copyright;
• Specialised technical support in intellectual property litigation.

What are they?

A reward can be a nominative, figurative, or emblematic mark, granted as a prize, demonstration of praise, or preference to industrialists, merchants, farmers, and other entrepreneurs for the excellence of their products.

The following are considered Rewards (Article 270 of the Industrial Property Code – Decree-Law No. 110/2018 of December 10th):

a) Decorations of merit conferred by the Portuguese State or by foreign States;
b) Medals, diplomas, and pecuniary or other types of prizes obtained in official or officially recognized exhibitions, fairs, and competitions held in Portugal or foreign countries;
c) Diplomas and certificates of analysis or praise issued by laboratories or State Services or bodies qualified for this purpose;
d) Titles of supplier to the Head of State, Government, and other official national or foreign entities or establishments;
e) Any other awards or official demonstrations of preference.

Rights

The registration of awards guarantees the veracity and authenticity of the titles of their granting and ensures the holders their exclusive use for an indefinite period.

Application

According to article 273 of the Industrial Property Code, the application for registration of rewards is made in a request, written in Portuguese, indicating:

a) The name, firm or corporate name of the applicant, their nationality and their domicile or place of establishment;
b) The rewards intended to be registered, the entities that granted them and their respective dates;
c) The products or services that merited the granting;
d) The name of the establishment to which the reward is linked, in whole or in part, when applicable.

Originals or authenticated photocopies of diplomas or other documents proving the granting must also be attached to the application. Proof of the granting of the reward may also be made by attaching a duly legalized copy of the official publication in which the reward was granted or published, or only the part necessary and sufficient for its identification. (Article 274 of the IPC).

Expiry

The registration expires when the granting of the reward is revoked or cancelled. The expiry of the registration determines the extinction of the use of the reward.

Use

The use of a registered reward by third parties without the consent of its holder is punishable by a fine. Fines start at €3,000 and cap at €30,000 for legal entities and start at €750 and cap at €7,500 for natural persons (Article 332 of the IPC).

TECHNICAL TRANSLATIONS

RCF PI has historically maintained a team of both technical and non-technical translators, working in-house and within a pool, to meet the demands of the market.

With an extensive team of translators, each with many years of experience across a wide range of technical and scientific fields, we are well placed to offer high-quality work in the field of Technical Translations.

By using the most advanced technological databases, we ensure the consistency and accuracy of terminology throughout our work.

All our Technical Translations are carried out by accredited specialists with specific training in the relevant subject areas. Before delivery to clients, every text undergoes a thorough technical and linguistic review by qualified revisers, guaranteeing the highest possible quality.

At RCF PI, the translation process follows internationally recognized best practices (ISO 17100).

Quality, punctual delivery, and confidentiality are the guiding principles of all our translation activities.

We provide Technical Translations and Back-Translations to and from any language in the following fields: Architecture, Biology, Biochemistry, Banking, Civil Engineering, Commerce, Economics, Electronics, Pharmacy, Physics, Genetics, Information Technology, Law, Mechanical Engineering, Medicine, Intellectual Property, and Chemistry.

We are also able to certify the translations we produce for official purposes and arrange for their legalization at embassies or consulates.

Plant varieties relate to an industrial property tool that is responsible for protecting inventions applied to plant environment.

Requirements

According to Regulation (EC) No. 2100/94, the plant variety must be:

New, Distinct,
Homogeneous, and
Stable.

Rights

Protecting plant varieties confers on those who have created or developed them an exclusive period of manufacture, reproduction, sale or use.

Once protection is granted, the creator rights holder has the right to prevent the following acts without his/her authorization:

Production or reproduction (multiplication);
Conditioning for propagation purposes;
Sale or other type of commercialization;
Export / Import;
Storage for any of the above mentioned purposes.

Registry Procedure

To apply for the registration of a plant variety, it is necessary firstly to file an application for registration in the National Catalogue of Varieties (NCV).

Then, a testing phase follows, namely of distinction, homogeneity and stability (DHS), analyzes and/or tests according to the applicable examination protocol. The DGAV / Direção de Serviços de Sanidade Vegetal [Directorate for Phytosanitation] accompanies the test for its assessment.

Once the test is concluded, the applicant must submit to the DGAV/DSSV, by letter or email, the necessary documentation.

DGAV then evaluates the said documentation sent and decides whether or not to register the variety in the NCV, bearing in mind the principles of distinction, homogeneity and stability applicable to each plant species, the existence of selection to maintain the variety and the community rules applicable to the denominations of the plant varieties.

The decision is taken no later than January 31 of the year following the submission of the complete final file.

Right Validity

Community plant variety protection law is effective until the end of the 25th calendar year or, in the case of vine varieties and tree species, of the 30th calendar year following the year of its grant.

Once the right of the holder has expired, the plant variety becomes public domain.

At national level, the entity responsible for granting protection is the General Directorate of Agriculture and Fisheries (Dec. Law 213/90 of June 28).

Official Fees

Order No. 7109/2023 provides:

Ordinance No. 263/2017, of 1 September, establishes the system of fees payable for services rendered in the areas of the protection of plant varieties, registration, production, certification and marketing of varieties of agricultural and horticultural species, and the production, control, certification and marketing of seeds of agricultural and horticultural species, provided by the Directorate-General for Food and Veterinary Affairs (DGAV) and, where applicable, by the regional directorates of agriculture and fisheries (DRAP), as bodies that operate in close cooperation with the DGAV in the field of plant health and plant protection.

The great technological development currently underway has generated numerous new opportunities, but also new dangers.

The internet and the exponential increase in domain names, the countless new applications (apps), digital media, and social networks are examples of the rapid spread of information, generating enormous business opportunities. They are also threats to the image of companies and their brands, as they increase the risk of misuse by third parties, with the danger of confusion and damage to the reputation of a brand or company.

Being attentive to these digital media is currently a necessity that should not be neglected.

RCF provides its clients with technological surveillance services, designed to monitor and detect threats to their Industrial Property rights as quickly as possible, whether they are:

• trademark applications in relevant jurisdictions;
• domain name applications;
• mobile application names;
• usernames, derogatory comments, or misuse of trademarks on social networks;
• patent application publications from direct competitors or on technological areas searching by keywords.