Besides Hong Kong, the famous policy “One country, two systems” has been adopting in the Macao Special Administrative Region of China. A registration in China Mainland will not grant you any protection in Macau. As Macau is an important role in Greater China, this article will guide you to have a knowledge of trademark registration in Macau. 

A. Sources of law

The principal source of law and regulation relating to trade marks in Macau is the Industrial Property Code, adopted by Decree-Law Number 97/99/M, effective from 13 December 1999. As a supplement, the following 3 Chief Executive´s Notices also applies, where appropriate:

International Classification of Goods and Services for the Purpose of the Registration of Marks (Nice Classification) 9th Edition - Notice of Chief Executive No. 10/2009;

Approving the table of fees due for the acts provided for in the Industrial Property Code - Notice of Chief Executive No. 10/2009;

Regarding the models of certificates that prove Industrial Property rights and forms for applications for granting Industrial Property rights - Notice of Chief Executive No. 10/2009.

B. Competent Administration

Trade mark registration in Macau is separate from mainland China. The Economic and Technological Development Bureau (DSEDT) is a public department of the Macao Special Administrative Region (MSAR) responsible for trademark examining and granting. The related website is: 

https://www.dsedt.gov.mo/en_US/web/public/pg_home

At present, Macau is not the member of Madrid system. As such, if you want trade mark protection in Macau, you will need to seek a local IP agent for assistance. 

C. Filing procedure and documentation

The requirements and related documents for the filing of a trademark application in Macao are as follows:

• the applicant’s full name, nationality, address or place of business;
• a representation of the mark;
• the list of goods and services;
• a certified copy of the home application, if a priority is claimed;
• and an original copy of power of attorney signed by the legal representative and notarized by a notary public.

Less than most countries in the world, the period of publication for opposition in Macau only takes 2 months. If no opposition or objection is raised against the trademark application, you may expect the registration certificate within 6 to 8 months after date of filing. 

The duration of registration of a Macau trademark is seven years from the application date and is renewable for further seven-year periods. A renewal application shall be filed prior to six months before the mark expires.

D. We in Macau

Chang Tsi & Partners has expanded business in Macau since 2010 and has been helping clients file trademark applications and maintain trademark registrations in Macau for more than a decade. Now we have a professional Macau team consists of more than 10 agents and 1 local liaison so we can handle trademark prosecution cases directly in Macau by ourselves. Chang Tsi & Partners is always ready to assist you on IP matters in Greater China.