Source: Website of Macao S.A.R Economic and Technological Development Bureau

1. Is unregistered trademark usable?
   A:Under the current legislation of Macao SAR, the trademark owner is not required to register his mark before using it on his goods or services. However, the owner of unregistered trademark will not possess the exclusive right to use the mark and as well as the right to prohibit others from using it.
   
   

2. What is protected under a registered trademark?
   A: A trademark owner with either a registered or an unregistered trademark may protect the mark under “Action of Unfair Competition” of the “Commercial Code”. An “Action of Unfair Competition” requires proof that the owner enjoyed prior reputation and damage inflicted on to his mark.
   However, the registration of a trademark under the “Industrial Property Code” gives an owner the rights to prevent third parties from using his mark, or a deceptively similar mark, without the owner’s consent for the products or services for which it is registered. He may also prevent other persons from using the mark in relation to products or services for which his mark is registered or in relation to similar products or services.
   Registration therefore gives a right of ownership that is easier to establish than under the “Commercial Code”.
   
   

3. Is advertisement considered as use of trademark?

   A: Yes. Advertisement helps consumers to relate goods with specified trademarks or manufacturers through the quality and image of the goods.
   
   

4. What happens to the ownership of a trademark when the owner dies?
   A: When the owner of a trademark dies, the ownership can be transferred to a successor, subject to the execution of relevant procedures.
   
   

5. How to represent the colors of a trademark upon application of the registration?
   A: The applicant can express the colors by writing a description of the colors on the application form, since publication in the Official Gazette of Macao SAR is printed in black and white.
   
   

6. What are the benefits of pre-application search?
   A: This helps to find out if there are any marks in the trademark register that are similar to the one intended to be applied for registration. Therefore, using trademark search appropriately can minimize the refusal of trademark registration.
   
   

7. For which words, signs or symbols that trademark’s owners do not possess the exclusive right to use?

   A: If a trademark consists of elements that express the type, quality, function, geographic indications or value of the goods or the services, or commonly used language, or signs or symbols that are widely used in business sector, the signs or symbols in his mark will not be solely used by the registered trademark’s owner, which means the applicant does not possess the exclusive right to use them.
   Example: If applicant files an application with “XX Bank” or “XX Cake Shop”, the trademark applicant will not possess the exclusive right to use the words “Bank” and “Cake Shop”.
   
   

8. Is trademark protected outside the Macao SAR?
   A: The Macao SAR’s trademark registration system is territorial. Trademarks granted in the Macao SAR will only get protection locally. If protection is required in other countries, it will be necessary to make separate applications in those other countries.
   
   

9. Is a Mainland registered trademark effective in the Macao SAR?
   A: Since the Macao SAR’s trademark registration system is territorial, only the trademarks registered in the Macao SAR can be protected locally. A new application of trademark registration is required in order to obtain protection in the Macao SAR.

   
   

10. Flowchart of application process for trademark?

    A:  

        

More about Macau trademark: ➩1.Application documents, ➩2.Registration fee 

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