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.
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.
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.
Check can be done by searching the Macau Trademark Office database.
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.
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.
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.
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.
Costs depend on the number of classes and products submitted. See our price list for details.
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.
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.
No, trademark rights in Macau only cover the territory of Macau. Mainland China or Hong Kong are separate jurisdictions for intellectual property rights.
The Macau Trade Mark Office usually issues the original trademark protection certificate within one month after the end of the opposition period.
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.
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.
In Macau, you can apply for renewal of your trademark no earlier than 6 months before the expiry of the protection period.
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.