Trade Marks & Copyright 2026

Law and Practice

1. Trade Mark and Copyright Law

1.1 Governing Law

Governing Law on Copyright

Copyright is statutory and governed mainly by the Portuguese Copyright and Related Rights Code (Código do Direito de Autor e dos Direitos Conexos), enacted by Decree-Law No 63/85 of 14 March, as amended (most recently by Law No 47/2023).

Nature

Copyright protection is automatic, it arises upon the creation of an original work, without any registration requirement.

Recognition of Common Law Copyright

Portugal is a civil law country, not a common law jurisdiction. Therefore, there is no common law copyright.

However, unregistered works are still protected by law, not by custom or precedent.

Trade Marks

Portugal is a civil law jurisdiction and trade marks are governed by the Industrial Property Code, approved by Law-decree No 110/2018 of 10 December 2018 (as amended by Law-decree No 110/2018 of 29 January 2021).

1.2 Conventions and Treaties/Rights of Foreign IP Holders

Portugal is a member of the main international treaties and conventions governing copyright and trade mark protection, including:

• The Berne Convention for the Protection of Literary and Artistic Works (since 1911);
• The Universal Copyright Convention (since 1978);
• The WIPO Copyright Treaty (WCT) (since 1998);
• The WIPO Performances and Phonograms Treaty (WPPT) (since 1998);
• The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (since 1971);
• The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), through Portugal's membership of the European Union and the World Trade Organization;
• The Paris Convention for the Protection of Industrial Property (directly applicable, for some rules); and
• The Madrid System for International Trademark Registration (directly applicable).

As Portugal is an EU member-state, EU regulations apply and are directly applicable.

2. Trade Mark Ownership, Protection and Rights

2.1 Types of Trade Marks

The following commercial signs can be protected.

• Trade marks (including collective marks and certification marks), which may consist of a sign or set of signs capable of being graphically represented, namely words, including names of persons, drawings, letters, numbers, sounds, colours, the shape of the product or its packaging, scents, holograms, or a sign or set of signs that can be represented in such a way as to allow the object of the protection conferred on its holder to be determined clearly and precisely, provided that they are suitable for distinguishing the products or services of one company from those of other companies. Trade marks that are registered in other countries that are well-known in Portugal are protected, even if not registered in Portugal.
• Logotypes (identifies an entity which commercialises goods and/or provides services, and not the goods and services themselves).
• Appellations of origin, geographical indications and traditional speciality guarantees.
• Rewards (includes awards for merit bestowed by the Portuguese State or by foreign countries; medals, diplomas and monetary prizes or prizes of any other nature obtained at expositions, fairs and contests that are official or officially recognised, held in Portugal or in foreign countries; diplomas and certifications of analysis or praise, issued by laboratories or State services or organisations qualified for such purposes; titles of supplier of the Head of State, government and other entities or official establishments, national or foreign; all other prizes or official demonstrations of preference).
• Hallmarks.

2.2 Essential Elements of Trade Mark Protection

There are two main absolute requirements for a sign to qualify for trade mark protection: (i) capability of being represented in such a way as to allow the object of the protection conferred on its holder to be determined clearly and precisely (sufficient representation), and (ii) ability for distinguishing the products or services of one company from those of other companies (distinctiveness).

An intrinsically non-distinctive sign may be protected if it acquires distinctiveness, ie, if it ceases to be, in the perception of the relevant public, an indication of the type or characteristics of a good or service, and becomes an indication of the commercial origin of goods and services, considering factors such as the market share of the goods and service provided under the relevant sign, the duration, frequency and geographical reach of its use, among others.

2.3 Trade Mark Rights

According to the Portuguese Industrial Property Code, the main trade mark right arising from registration is to prevent third parties, without the owner's consent, from using, in the exercise of economic activities, any sign if:

• that sign is identical to the trade mark and is used in relation to goods or services identical to the goods or services covered by the registration;
• that sign is identical to the trade mark and is used in relation to goods or services similar to the goods or services covered by the registration, or if that sign is similar to the trade mark and is used in relation to goods or services identical or similar to the goods or services covered by the registration, if there is a risk of confusion or association in the mind of the consumer; and
• that sign is identical or similar to the trade mark and is used in relation to goods or services covered or not by the registration, if the trade mark enjoys reputation in Portugal or in the European Union, if it is a European Union trade mark, and the use of the sign unduly takes advantage of the distinctive character or prestige of the trade mark or may harm them.

The following use is specifically prohibited:

• affixing the sign to goods, their packaging or other means by which they are presented;
• offering of goods for sale bearing the sign, as well as their placing on the market or storage for that purpose, or the offering or provision of services bearing the sign;
• importing or exporting goods bearing the sign;
• using the sign, in whole or in part, as a company name or business name or as a characteristic part of that company name or business name;
• use of the sign in commercial documents and in advertising; and
• use of the mark in comparative advertising when it contravenes current advertising legislation.

2.4 Use in Commerce

To avoid being subject to cancellation or not being enforceable for non-use, a registered trade mark must have been put to genuine use in the five years prior to the filing date of a cancellation application or to the relevant date in a litigious proceeding. This only applies after the registration has been in force for five years. Genuine use implies the use of the sign as a trade mark, and it must be more than a mere token, symbolic or solely aimed at maintaining registration. It also must concern the sign as registered (or with immaterial modifications), in relation to the goods and/or services covered by the registration, and occur in the relevant territory.

2.5 Notices and Symbols

According to the Portuguese Industrial Property Code, a registered trade mark can be used with the indication "Registered Trademark", the initials "M. R.", or simply ®.

There are no consequences for not using these words and symbols. However, using them in relation to an unregistered trade mark is illegal.

2.6 Related Rights

Trade marks can be validly granted if they do not infringe personal image and name rights, or copyright. If a trade mark consists of a name or of an image of a person, it can only be granted if authorised by that person. Similarly, a trade mark application shall be refused if it consists of a protected work.

Trade marks can be protected by copyright if they are an original "intellectual creation".

3. Copyright Ownership, Protection and Rights

3.1 Types of Copyrightable Works

Eligible Works for Copyright Protection

Under Portuguese law, copyright protection extends to all original intellectual creations in the literary, scientific, and artistic domains, irrespective of their form, genre, merit, or purpose.

This protection is established by the Portuguese Copyright Code (Código do Direito de Autor e dos Direitos Conexos), approved by Decree-Law No 63/85 of 14 March 1985, as amended. The categories of protected works are expressly listed in Article 1(1) and further elaborated in Article 2 of the Code.

The main categories of works eligible for copyright protection include:

• literary works, such as books, articles, speeches, and computer programs;
• musical compositions, with or without words;
• dramatic, dramatico-musical, choreographic, and pantomime works, whether or not fixed in writing or notation;
• audiovisual and cinematographic works;
• works of drawing, painting, sculpture, engraving, and lithography;
• architectural works, including designs and realised constructions;
• photographic works;
• works of applied art, industrial design, and design;
• illustrations, maps, plans, sketches, and three-dimensional works relative to geography, topography, architecture, or science;
• computer programs (software);
• databases, provided they constitute original intellectual creations by reason of the selection or arrangement of their contents; and
• collective works and composite works, including periodicals and encyclopaedias.

These categories are statutory, but the list is non-exhaustive — meaning that any original intellectual creation may be protected, even if not explicitly mentioned, provided it meets the requirement of originality (Article 1(1) and (2).

Industrial Designs and Copyright

Industrial designs may also be protected under copyright law in Portugal if they meet the requirement of originality and constitute an artistic creation.

This dual protection, under both copyright and industrial property law, is expressly permitted. While industrial design rights are governed by the Industrial Property Code (Código da Propriedade Industrial), copyright protection may apply concurrently if the design reflects a creative expression of its author, beyond mere functionality or technical features.

3.2 Essential Elements of Copyright Protection

In Portugal, copyright protection arises when a work is the author's own intellectual creation, results from human authorship, and is expressed in a perceptible form. No registration or formalities are required, as protection is granted upon creation of the original work.

3.3 Copyright Authorship

Joint authorship arises when a work is created collaboratively by two or more authors whose contributions form an inseparable or interdependent whole, as provided in the Portuguese Copyright Code. To qualify, there must be a shared creative intention that each author's contribution will merge into a single, unitary work. Merely providing technical assistance or following instructions does not establish joint authorship.

Each joint author holds equal rights over the work unless otherwise agreed. As a rule, exploitation, modification, or licensing of the jointly created work requires the consent of all co-authors, although each may independently enforce rights against infringement. In the absence of a specific agreement, ownership shares are presumed to be equal, regardless of the relative size or importance of each contribution.

3.4 Copyright Rights

Copyright confers both economic rights and moral rights. Economic rights give the owner exclusive control over the use, reproduction, distribution, public performance, communication, and adaptation of the work, and may be transferred or licensed. Moral rights protect the author's personal connection to the work, including the rights of attribution, integrity, and withdrawal, and are inalienable and perpetual. Economic rights generally last for the life of the author plus 70 years, while moral rights endure indefinitely, even after the economic rights expire.

Moral rights protect the personal and reputational bond between the author and their work and are independent of economic rights. They include the rights to claim authorship, decide whether and when the work shall be disclosed, ensure the integrity of the work (preventing distortion, mutilation, or modification), and withdraw the work from circulation under certain conditions. These rights are inalienable, unrenounceable, and perpetual, continuing to exist even after the author's death, when they are exercised first by the author's heirs and later by the State to ensure respect for the author's moral legacy.

3.5 Term of Protection and Termination

As a general rule, economic rights last for the life of the author plus 70 years after their death, regardless of when or how the work was disclosed. For joint works, the term runs for 70 years after the death of the last surviving co-author. For collective works, anonymous or pseudonymous works, and audiovisual or cinematographic works, the 70-year term is calculated from the date of lawful disclosure.

After the expiry of this term, the work falls into the public domain, and anyone may use it freely, provided that the author's moral rights particularly the rights of paternity and integrity are respected.

3.6 Collective Rights Management Systems

Several collective management organisations (CMOs) operate under the supervision of the Inspeção-Geral das Atividades Culturais (IGAC), the public body responsible for their authorisation and oversight. The main CMOs include:

• SPA (Sociedade Portuguesa de Autores) – for authors and composers in literature, music, theatre, film, and visual arts;
• GDA (Gestão dos Direitos dos Artistas) – for performers and actors;
• Audiogest – for producers of phonograms;
• PassMúsica – for the joint management of public performance rights in recorded music;
• Visapress – for press and publishers' reproduction rights;
• GesDireitos – for audiovisual producers.

3.7 Copyright Registration

Copyright protection arises automatically upon creation of an original work and does not require registration or any formality. This principle is established in the Portuguese Copyright Code (Decree-Law No 63/85 of 14 March 1985), in line with the Berne Convention. Therefore, registration is not a prerequisite for protection, enforcement, or the exercise of rights.

However, the IGAC maintains a voluntary copyright register, which serves as evidence of authorship and date of creation. Registration does not confer or create rights, but it provides a presumption of ownership and priority, which may be valuable in disputes or court proceedings. The register is publicly accessible, allowing interested parties to consult registered works.

Any author or rights holder whether a natural person or legal entity, Portuguese or foreign may apply for registration. Foreign applicants are not required to appoint a local attorney, though representation is advisable for administrative purposes.

There are no formalities such as copyright notices, © symbols, or deposit obligations required for protection. The use of the © symbol is optional and purely declarative, serving only to inform the public of the existence of copyright but carrying no legal effect under Portuguese law.

3.8 Copyright Application Requirements

In Portugal, copyright registration is voluntary and administered by the IGAC.

To apply for registration, the author or rights holder must submit:

• a completed application form identifying the author, title, and type of work;
• a copy or sample of the work (for example, the manuscript, recording, design, or file);
• any supporting documentation proving authorship or rights (eg, contracts, declarations of creation, or transfer); and
• proof of payment of the filing fee.

Applications may be filed in person, by mail, or online via IGAC's official website.

The filing fee depends on the nature of the work but is generally modest, typically around EUR50 to EUR70 per registration, with reduced rates for certain categories or online submissions.

3.9 Refusal of Registration