Newsletters and Bulletins / February 2002 / Macao |
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Macao - New Trademark Law Following the absorption of Macao into the People's Republic of China, a new Industrial Property Code was enacted and has entered into force. The principal trademark provisions of the new law are summarized below.
(1) A trademark is defined as any sign capable of being represented graphically, including personal names, letters, numerals, sounds and the shape of the product or its packaging, provided it is capable of distinguishing the goods or services of one company from those of other companies. (2) Wording contained in trademarks must be written in Portuguese, Chinese or English and may combine elements of these three languages. (3) Collective and certification marks may be registered. (4) The term of 2 months within which to oppose a published trademark application has been maintained. (5) The 7-year term of a registration has been maintained and registrations may be renewed for 7-year periods. (6) The owner of a registered trademark, who has acquiesced in the use of a subsequently registered trademark for 3 consecutive years following its registration, may not object to the use and/or registration of the junior mark, unless he can prove bad faith.v (7) A trademark may be assigned with or without the goodwill of the business. However, a trademark may only be assigned without goodwill if such assignment cannot mislead the public as to the origin of the goods or services. (8) A registration becomes vulnerable to attack on the ground of unjustified non-use for any consecutive 3-year period. (9) Any interested party may file a cancellation action against a trademark registration in order to protect a well-known mark, provided such action is instituted within 5 years from the date of registration. |
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