Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Amended Implementing Regulation on Trademarks
Part Three, Sections Two and Three of the Decree-Law states publication of the application and observations and oppositions by third parties are also in line with Article 15 of the TRIPS Agreement. Part One, Section Three of the Decree-Law explains the scope of protection of trademarks is in line with Article 16 paragraph 1 of the TRIPS Agreement. Well known marks according to 6bis of the Paris Convention, use of which are not permitted by their owners shall not be registered as a trademark, according to Article 7/i. According to Article 8 paragraph 4 of the Decree-Law, a trademark applied for, which is identical or similar to a registered trademark or to a trademark with an earlier filing date may be used for different goods and services. However, where in the case of a registered trademark or of a trademark which has an earlier filing date for registration, the trademark has a reputation and where the use without due cause of trademark applied for would take unfair advantage of, or be detrimental to the distinctive character or repute of the registered trademark or of the trademark with an earlier application date, upon opposition by the proprietor of the earlier trademark, the trademark applied for shall not be registered even to be used for goods and services which are not similar to those for which the earlier trademark is registered. The provisions of Decree-Law Nº 556 shall apply, mutatis mutandis to services. Exceptions mentioned in Article 17 of the TRIPS Agreement are regulated in Article 12 of Decree-Law Nº 556. According to Articles 40 and 41 of the Decree-Law a trademark is registered for a period of ten years; registration may be renewed for further periods of ten years indefinitely. These Articles are in line with Article 18 of the TRIPS Agreement. Article 14 of Decree-Law Nº 556 is in line with Articles 19 and 20 of the TRIPS Agreement. Part one, Section five of Decree-Law Nº 556 is in line with Article 21 of the TRIPS Agreement.