A trademark can be a sign,
symbol, letter, figure, name, drawing, numbers, sounds, or any graphic
representation that distinguish goods and services from those manufactured or
sold by others and to indicate the source of the goods.
A mark can also be an advertising
line or phrase, with distinguishing purposes for goods and services, not
dependant on Copyright protection.
A mark protection registration request
can be National, International and Communitarian.
Registration of
a National Trademark is valid only in Portugal.
Registration of an International Trademark
offers a trademark owner the possibility to have his national trademark
protected in several countries (almost 70) due to the international procedural
mechanism offered to country members of the Madrid Agreement or Madrid
Protocol.
An
international mark so registered is equivalent to an application or a
registration of the same mark effected directly in each of the countries
designated by the applicant.
Registration of a Communitarian Trademark
grants its owner the possibility to have his trademark registered in 25
countries of the European Community and grants the registration equivalence in
each of the 25 countries (including Portugal)
Registration Grants
Trademark
registration grants its holder the exclusive
right of use over the trademark and entitles its holder the right to object and
exclude (stop) third parties from any use of the registered trademark or any
identical or similar sign, in goods and services made in many manners, without
his previous consent, in which consequent similarity use might lead consumers
to implied affiliation.