– Decree-Law No. 97/99M, in force since June 6, 2000.

– Convention Establishing the World Intellectual Property Organization (WIPO).
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 4, 1969. (Note: This Convention continues to apply to the territory of the Special Administrative Region of Macao after December 20, 1999.)
– WTO’s TRIPS Agreement, with effect from December 20, 1999.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, with effect from December 20, 1999.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, Geneva Act, (9th Edition), with effect from May 28, 2009.

Applicant: must be any natural or legal person, individual or legal entity, and must provide name, nationality and address, along with details of the applicant's form of business.

Applicants not living in Macao: must appoint a representative living in the territory. 

Types of trademarks: trade and service marks, collective marks such as association and certification marks.

Definition: a trademark is 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, that are capable of distinguishing the products or services of one company from those of other companies. 

Exceptions and limitations to protection: (a) signs or indications that consist exclusively in the shape of the product itself, or of the constituents from which the final product is made; (b) signs or indications that may be used commercially to designate the kind, quality, quantity, purpose, value, geographical origin or time of production of the product or of the rendering of the service, or other characteristics thereof; (c) signs or indications that have become customary in current language or in bona fide and established commercial practices; (d) colors, except where they are combined together or used with graphics, wording or other elements in a particular and distinctive manner. 

Disclaimer: the generic elements mentioned in (b) and (c) that constitute part of a trademark shall not be for the exclusive use of the applicant, unless the signs have acquired distinctive character in commercial practice. On request of the applicant, the IP Office shall indicate which of the constituent elements of the trademark are not for the exclusive use of the applicant.

Also not registrable: registration will also be refused if the mark contains signs or words falling under one of the following prohibitive items: (a) a mark confusingly similar in reproduction, imitation or translation of a mark, which is well-known in Macao, that, when applied to identical, similar or related products or services, can mislead the consumer to establish a connection with the well-known mark; (b) a mark confusingly similar in reproduction, imitation or translation of a previously registered prestigious mark, which although intended for products or services that are not identical or similar, can provide unfair advantage to the similar mark and damage the reputation of the existing mark.

Collective trademarks: trademarks may be protected as a collective trademark, according to the conditions pertaining to association marks or certification marks. The registration of a collective trademark gives its holder the right to control the marketing of the respective products or services. The holder may have (a) an association mark: a specific sign belonging to an association of individuals and/or bodies corporate, whose members use or have the intention of using the sign for products or services; (b) a certification mark: a specific sign belonging to a corporate entity that controls the products or services or establishes the regulations with which they must comply and that is to be used on the products or services subjected to that control or for which the regulations were established. The provisions relating to product and service marks shall apply mutatis mutandis to collective marks.

Classification: International Classification (Nice Agreement, 9th Edition). A separate application must be filed for each class. The IP Office will examine the selected class in relation to the description of the goods or services. If it is found that the goods or services are in several different classes, an amendment will be required or additional applications must be filed. If it is found that the specifications are unclear, an amendment will be required to clarify the goods or services covered by the application.

Filing requirements for an application (to be handled by a Macao authorized agent):
1. An application, written in one of the official languages (Chinese or Portuguese), indicating the name or company name of the applicant, nationality and address;
2. A notarized power of attorney (and if necessary a translation);
3. 1 print of the mark. If in color, the respective color description, if color is to be claimed as a feature of the trademark;
4. The list of products or services covered by the trademark, in accordance with the International Classification;
5. Priority claim, if applicable (the priority documents must be submitted within three months from the Macao application date) and the applicant claiming priority must declare the intention to do so when filing the application;
6. Government filing fee (the filing fee should be submitted with the application to avoid any delay in processing);
7. Nature of business of the applicant (industrial, commercial or other).

Official search: the applicant may request a search at the IP Office to determine whether an identical or similar mark has already been registered or has an application pending. 

Electronic filing: available.

Electronic signatures: accepted.

Preliminary formal examination: after the submission the application will be examined to check if the formal requirements are met. Should the application be short of any of the required documents, the applicant will be notified to rectify the application within two months from the notification date, and the non-compliance with the formal requirements will lead to the refusal of the application, and the refusal will be published in the Official Gazette.

Publication: once the formal requirements are fulfilled, the application is published in the Official Gazette.

Opposition: may be filed within two months from the date of the publication. The applicant will be given a month to answer the opposition claim.

The IP Office then conducts a substantive examination as to the registrability, and comparison with earlier registered marks for the same or similar products or services. A thorough examination is also carried out to prevent any possible confusion of Portuguese, Chinese, English or other characters and sounds, or any other conflicting factors, with a previously registered mark.

Appeal procedures: any interested party dissatisfied with the final decision of the IP Office may lodge an appeal at the Court of the First Instance. The appeal must be lodged within one month after the IP Office decision has been published (not extendible). 

Issuance of registration certificate: the IP Office will issue a certificate of registration at the end of the appeal period or after the final court decision is known.

Registration: if no grounds are found which justify the refusal, the registration is granted. 

Legal presumption of registration: the registration of a trademark implies the legal presumption of its novelty and distinctiveness from other previously registered marks.

Duration: seven years counted from the date of granting.

Renewal: indefinitely renewable for equal periods. The renewal application shall be submitted during the last six months of the current validity period. 

Grace period for renewal: it is possible to pay the official fee plus a fine during the next six months from the expiry date, and the revival of the trademark is possible within one year from the expiry date subject to the triple payment of the official fee. Requirements for renewal: no documents are required.

Use: compulsory. Should a trademark not be object of serious use for three consecutive years it will become vulnerable to a non-use cancellation that can be filed by any interested party. Use by a licensee is accepted.

Marking of registered goods: optional. 

Assignments, licenses and changes of name, legal identity or address: the following details and documents are required: applicant's name and address, original or certified and notarized copy of the deed or official certificate of the changes to be recorded and the notarized power of attorney. It is not compulsory to have the above recorded in the IP Office. However, to be effective towards third parties and to prove the use, it is recommended to have the assignments, licenses and any relevant alterations recorded at the Register for optimal protection of the right.

Decree-Law 97/99/M of the Macao Industrial Property Code, in effect since June 7, 2000, states that marks are valid for seven years from the date of approval.

Under the Macao Mark Law - Decree-Law 56/95/M in force from December 6, 1995 until June 6, 2000, marks are valid for seven years from the date of application.

In compliance with the Portuguese Industrial Property Code, which was valid until December 5, 1995, marks are valid for ten years from the date of approval and marks granted before December 6, 1995, are valid for ten years from the date of approval. So, applications made before December 6, 1995, and granted after that date, are valid for ten years from the date of approval, however, marks renewed after December 6, 1995, are valid for seven years from the renewal date.