Filing trademark for protection

About the market

681 tys
72.2 %
% of population aged 15-64 (2022)
compound annual population growth rate
(CAGR) in
compound annual population growth rate
(CAGR) in
forecasted online share of retail sales (04.2023)

Whom does this concern?

Service providers
Application developers
IT sector
Game developers
Firmy sprzedające dobra luksusowe do Makao

Filing trademark for protection in Macau

Macau, known as the pearl of the Pearl River Delta, is a region with a unique identity and its own legal jurisdiction, particularly in the area of trademarks. This Special Administrative Region of China retains its uniqueness by combining Eastern and Western influences. Trademark protection is crucial here as Macau is a city of gambling, luxury, commerce and tourism. Macau has recovered economically from the pandemic, with a spectacular GDP growth of +80.5 per cent for 2023, reaching a per capita figure of almost US$70,000.

It is worth noting that although Macau is part of China, trademark applications are filed with the local government. Registering a trademark in Macau does not automatically confer protection in other regions of China, making local trademark registration extremely important for any entrepreneur planning to operate in this unique, small market.

7 years
Period of protection from the date of application
6-8 month
Time taken to register a trademark in Macau, assuming no objections or complications
Priority is given to those who act first. File your mark first, before someone else is faster

knowledge station

Why register a trademark in Macau?

Registering a trademark in Macau is your ticket to doing business in China’s cradle of luxury, gambling and tourism. With a GDP per capita of nearly $70,000, the city attracts wealthy people from all over the world, not just mainland China. Macau, along with Hong Kong, Shenzhen and other cities, is participating in China’s Great Bay Pearl River Estuary Development Project. Registering a trademark is not just about protection on China’s doorstep; it is a chance to gain recognition in a place where prestige and quality are at a premium.

Who in Macau can file a trademark for protection?

In Macau, anyone can apply for trademark protection, individuals, companies, both domestic and foreign, as well as NGOs and associations. Eligible applicants must be from Macau, companies or nationals from countries belonging to the Paris Convention union, individuals residing or owning a business in countries belonging to the Paris Convention, and nationals of nations that have specific trademark agreements with Macau.

Is my brand available for registration in Macau? How do I check this?

Check can be done by searching the Macau Trademark Office database.

How better to file a trademark for protection in Macau directly or through WIPO?

Filing a trademark application with the Macau Trademark Office (DSEDT) instead of WIPO has significant advantages. The most important is the speed of processing; DSEDT starts working on the application immediately upon receipt, whereas WIPO processes the application internally for several months before sending it to Macau. Direct filing in Macau also allows for good products and services, taking into account the specific needs of the Macau market. In addition, direct filing allows you to select a local specialist in Macau who is readily available to answer any questions or concerns that may arise during the process.

What documents are required to register a trademark directly in Macau?

To apply for registration of a trademark in Macau, you should normally bring with you: a valid copy of your passport (if applying as an individual) or English Business Licence (if applying as a company); a signed original of a notarised power of attorney for a professional representative; a graphic representation of the trademark (if applicable); and a list of designated goods or services associated with the trademark.

Selecting a product and services, how to do this best by filing a mark for registration in Macau?

The choice of registration classes for goods and services is crucial to ensure full trademark protection. At the initial stage, the applicant should consider both the current and future product portfolio to include all intended product groups. Based on this information, the applicant then selects the appropriate classes and specific items within each class. In some territories, due to the cost of filing, products should be grouped into sub-categories rather than listed individually. For example, there is no need to list cosmetics in the ‘make-up’ class in detail. Just choose the general category: ‘make-up cosmetics’. Similarly, for juices, there is no need to list all the flavours, just indicate the product: ‘juices’ etc. The final selection of products and services should always be confirmed with local patent attorneys, who will not only advise on the optimal use of the mark in the territory, the effective grouping of items, but also on the standard lists accepted by the respective patent office. It is important to remember that if a trademark is not used, it may expire after a few years. This period varies according to the territory in which the application is filed. Nevertheless, the selection should be made carefully and include those products and services that will be offered in the foreseeable future.

#File1st® File your trademark for protection

FAQ - Frequently asked questions

1. Do I need to use my brand in Macau before registering it? 

In Macau, it is not necessary to use a trademark before registering it. It is even possible to apply for registration of a brand new trademark. Similar to mainland China and Taiwan, Macau has a first-to-file system. This system allows the first person to file an application and successfully complete the examination process to obtain exclusive rights to a trademark.

2. How much does it cost to register a commodity for registration in Macau? 

Costs depend on the number of classes and products submitted. See our price list for details.

3. What types of trademarks can be filed for protection in Macau? 

In Macau, the trademark registration system allows for the registration of various types of trademarks. These include commonly registered trademarks such as word marks, graphic marks (such as logos or symbols) and combinations of word and graphic elements. In addition, more distinctive types such as 3D marks, colour marks and stereo marks can also be registered. The Macau legal system is also open to special marks, including sound and other marks.

4. Is it possible to submit a mark in multiple classes with one application in Macau? 

No, Macau’s trademark law does not allow you to file one application to register a mark in multiple classes. A separate application must be filed for each class.

5. Do trademark registration rights in Macau extend to other territories such as mainland China or Hong Kong? 

No, trademark rights in Macau only cover the territory of Macau. Mainland China or Hong Kong are separate jurisdictions for intellectual property rights.

6. How long does it take the Trademark Office in Macau to issue a trademark registration certificate after the expiry of the opposition period? 

The Macau Trade Mark Office usually issues the original trademark protection certificate within one month after the end of the opposition period.

7. How long is a trademark registration valid in Macau? 

The term of protection of a trademark in Macau is 7 years. Protection is effective from the date of filing, not from the date of grant.

8. I have an individual business. Can I apply for a trademark for it in Macau? 

Yes, as an individual business owner you can apply for trademark protection in Macau. Macau’s trademark law allows individuals, including business owners, to apply for trademark registration. If you wish to do this for your business, prepare an English licence of your company.

9. When should a trademark registration in Macau be renewed? 

In Macau, you can apply for renewal of your trademark no earlier than 6 months before the expiry of the protection period.

10. Can a mark registration be cancelled in Macau if it is not used? 

Yes, you can. In Macau, a trademark can be cancelled for non-use. According to the local trademark law, if a registered trademark has not been used continuously for a period of 3 years. In such a case, the opposing party, the trademark owner, bears the burden of proving that the trademark has been used. If he fails to do so, the protection rights of the mark will be cancelled.

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