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Macao - New Trademark Law

We reported in our August 1996 Newsletter (N.S. 187) that a new Decree entered into effect in Macao on December 6, 1995, modifying the previous trademark law. Based upon our review of the English translation which we have now received, the following additional changes are also noteworthy:

1) The term within which to oppose published trademark applications has been increased from 2 months to 90 days.

2) Either party in an opposition proceeding may request investigation of the other party to corroborate statements, with investigation fees borne by the losing party.

3) The period of non-use which renders a trademark registration vulnerable to attack has been decreased from 5 years to 3 years from the date of registration.

4) The definition of unauthorized use of a registered trademark has been expanded to include use of marks that resemble registered marks in word pattern, name, device or pronunciation in such a manner as to give rise easily to deception or confusion among consumers.

5) Owners of famous trademarks from member countries of the Paris Convention may oppose the registration of marks that are copies, imitations or translations of their marks, provided that the trademark owner applies to register the famous mark in Macao at the same time the opposition is filed.

6) Registrations in effect as of December 6, 1995, remain in effect for their original term (10 years), but are subject to renewal under the new law (7 years).

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