BCA Group
BCA Group: Portugal
Your brand is an asset.
In Europe, it is only an asset if it is registered.
Trademark registration in Portugal and across the European Union — through INPI and EUIPO. Availability searches, Nice Classification, application filing, opposition management, and ongoing rights protection for international businesses entering the EU market.
Talk to us about your IP strategy Why This Can´t Wait
Trademarks in Europe operate on a first-to-file basis.
Not first-to-use. First-to-file.
Not first-to-use. First-to-file.
This is the point that catches most non-EU founders off guard.
In many markets — the United States being the prominent example — trademark rights are established through use. You build a brand, you use it consistently, and use creates a claim. Europe works differently. Here, rights are established through registration, and registration is granted to whoever files first.
The practical consequence: a business that has operated under a name for years in its home market, invests in EU market entry, builds recognition in Portugal, and then discovers that someone else registered the same name at EUIPO twelve months ago — has a problem that is expensive to resolve and, in some cases, impossible to resolve cleanly.
The solution is straightforward. Register early. Specifically: before you spend on marketing, before you sign contracts with EU counterparties under your trading name, and before you build distribution relationships that would need to be unwound if the name turned out to be unavailable.
We do the search. We file the application. We handle what comes after.
In many markets — the United States being the prominent example — trademark rights are established through use. You build a brand, you use it consistently, and use creates a claim. Europe works differently. Here, rights are established through registration, and registration is granted to whoever files first.
The practical consequence: a business that has operated under a name for years in its home market, invests in EU market entry, builds recognition in Portugal, and then discovers that someone else registered the same name at EUIPO twelve months ago — has a problem that is expensive to resolve and, in some cases, impossible to resolve cleanly.
The solution is straightforward. Register early. Specifically: before you spend on marketing, before you sign contracts with EU counterparties under your trading name, and before you build distribution relationships that would need to be unwound if the name turned out to be unavailable.
We do the search. We file the application. We handle what comes after.
INPI or EUIPO? Portugal or the whole EU?
Option 1 — INPI (Portugal) Instituto Nacional da Propriedade Industrial
National registration covering Portugal only. The process is simpler, the official fees are lower, and the examination is conducted by Portuguese authorities.
When it makes sense: You are operating exclusively in Portugal, at least for the foreseeable future. You want to establish rights quickly and at lower cost while you assess whether the EU-wide registration is warranted. You intend to use Portugal as a pilot market and are not yet committed to a pan-European rollout.
When it doesn't: Your business model involves operating across multiple EU countries from the outset. You have competitors or potential infringers in other EU jurisdictions. You are building a brand with genuine pan-European ambitions.
A Portuguese national registration does not prevent a third party from registering an identical mark at EUIPO and using it across the rest of the EU — including Spain, France, and Germany, which are likely to be your next markets.
When it makes sense: You are operating exclusively in Portugal, at least for the foreseeable future. You want to establish rights quickly and at lower cost while you assess whether the EU-wide registration is warranted. You intend to use Portugal as a pilot market and are not yet committed to a pan-European rollout.
When it doesn't: Your business model involves operating across multiple EU countries from the outset. You have competitors or potential infringers in other EU jurisdictions. You are building a brand with genuine pan-European ambitions.
A Portuguese national registration does not prevent a third party from registering an identical mark at EUIPO and using it across the rest of the EU — including Spain, France, and Germany, which are likely to be your next markets.
Option 2 — EUIPO (European Union) European Union Intellectual Property Office, Alicante
A single registration covering all 28 EU member states simultaneously. One application, one set of official fees, protection across the entire bloc.
When it makes sense: You are entering the EU with the intention of operating in more than one country. Your brand has commercial value beyond Portugal. You want certainty that the mark is protected before you invest in building it across European markets.
The important caveat: An EUIPO application is examined against all 27 member states. If the mark is confusingly similar to an existing registration anywhere in the EU, the application can be refused — and the refusal covers the entire application, not just the problematic territory. This makes the pre-filing search and the quality of the application more consequential than at the national level.
We do not file at EUIPO without first conducting a thorough availability search. This is not caution for its own sake — it is the reason EUIPO applications succeed.
When it makes sense: You are entering the EU with the intention of operating in more than one country. Your brand has commercial value beyond Portugal. You want certainty that the mark is protected before you invest in building it across European markets.
The important caveat: An EUIPO application is examined against all 27 member states. If the mark is confusingly similar to an existing registration anywhere in the EU, the application can be refused — and the refusal covers the entire application, not just the problematic territory. This makes the pre-filing search and the quality of the application more consequential than at the national level.
We do not file at EUIPO without first conducting a thorough availability search. This is not caution for its own sake — it is the reason EUIPO applications succeed.
The Registration Process
Six steps. Most of the risk is in the first two.
Step 1 — Availability search
We search both the INPI and EUIPO databases for identical or confusingly similar marks in the relevant classes. This is not a formality. It is the step that determines whether the application is worth filing, and if so, whether any adjustments to the mark or the class selection would reduce the risk of opposition.
We also run a broader search — company names, domain registrations, and unregistered marks with potential prior use claims — because a clear registry search does not always mean a clear path.
What you receive: a written availability assessment with a clear recommendation on how to proceed.
We also run a broader search — company names, domain registrations, and unregistered marks with potential prior use claims — because a clear registry search does not always mean a clear path.
What you receive: a written availability assessment with a clear recommendation on how to proceed.
Step 2 — Nice Classification
The Nice Classification divides goods and services into 45 classes. A trademark application must specify the classes it covers — and protection only applies to the classes listed.
This matters more than it appears to. Filing in too few classes leaves you unprotected in activities you intend to conduct. Filing in too many attracts official fees for each class and, more importantly, creates a larger surface for oppositions from existing rights holders in adjacent classes.
We select the classes that reflect your actual and intended business activities — not a template list, and not everything that might theoretically apply.
This matters more than it appears to. Filing in too few classes leaves you unprotected in activities you intend to conduct. Filing in too many attracts official fees for each class and, more importantly, creates a larger surface for oppositions from existing rights holders in adjacent classes.
We select the classes that reflect your actual and intended business activities — not a template list, and not everything that might theoretically apply.
Step 3 — Application filing
We prepare and submit the application to INPI or EUIPO — or both, depending on the agreed strategy. The application includes the mark representation, the class specification, the applicant details, and any priority claims if relevant.
Official fees: approximately €250–350 for INPI (1–2 classes); approximately €850–1,050 for EUIPO (1–3 classes). Additional classes attract incremental fees at both offices.
Official fees: approximately €250–350 for INPI (1–2 classes); approximately €850–1,050 for EUIPO (1–3 classes). Additional classes attract incremental fees at both offices.
Step 4 — Formal examination
The office examines the application for formal compliance and absolute grounds for refusal — descriptiveness, generic character, public policy. We manage any examiner queries or requests for amendment at this stage.
Typical timeline: 1–3 months at INPI; 1–2 months at EUIPO for the examination phase.
Typical timeline: 1–3 months at INPI; 1–2 months at EUIPO for the examination phase.
Step 5 — Publication and opposition period
Once the examination is passed, the application is published. Third parties have a defined period — two months at EUIPO, two months at INPI — to file oppositions based on earlier rights.
This is the stage where prior rights holders can challenge the registration. Oppositions are not uncommon, particularly at EUIPO.
We monitor the publication, assess any oppositions filed, and advise on the appropriate response — whether that is defence, negotiation, or, where the opposition has genuine merit, a strategic adjustment.
This is the stage where prior rights holders can challenge the registration. Oppositions are not uncommon, particularly at EUIPO.
We monitor the publication, assess any oppositions filed, and advise on the appropriate response — whether that is defence, negotiation, or, where the opposition has genuine merit, a strategic adjustment.
Step 6 — Registration
If no oppositions are filed, or if oppositions are resolved in your favour, the mark is registered and you receive the certificate of registration. Protection runs for ten years from the filing date and is renewable indefinitely.
Total timeline: typically 4–8 months at INPI; 4–6 months at EUIPO for uncontested applications.
Total timeline: typically 4–8 months at INPI; 4–6 months at EUIPO for uncontested applications.
After the Certificate
The genuine use requirement
EU trademark law imposes a genuine use requirement: a registered mark that has not been used in the EU for five consecutive years is vulnerable to cancellation on the grounds of non-use. This catches businesses that registered a mark, changed their trading name, and forgot the registration was still live — and equally those that assumed a dormant registration would protect them indefinitely.
We advise on what constitutes genuine use in your specific context and how to document it.
EU trademark law imposes a genuine use requirement: a registered mark that has not been used in the EU for five consecutive years is vulnerable to cancellation on the grounds of non-use. This catches businesses that registered a mark, changed their trading name, and forgot the registration was still live — and equally those that assumed a dormant registration would protect them indefinitely.
We advise on what constitutes genuine use in your specific context and how to document it.
Monitoring
Trademarks are a passive asset unless someone is watching for infringement. We provide monitoring services — INPI and EUIPO application watches — that flag new applications that may conflict with your registered rights. Acting early, during the opposition window, is considerably cheaper than litigation after a conflicting mark has been registered and built into someone else's business.
Trademarks are a passive asset unless someone is watching for infringement. We provide monitoring services — INPI and EUIPO application watches — that flag new applications that may conflict with your registered rights. Acting early, during the opposition window, is considerably cheaper than litigation after a conflicting mark has been registered and built into someone else's business.
Licensing and assignment
If your IP structure involves licensing the trademark to operating entities — a common arrangement for international holding structures — the licence needs to be properly documented and, in some cases, recorded with the registry to be enforceable against third parties. We handle this as part of the broader corporate and IP advisory.
If your IP structure involves licensing the trademark to operating entities — a common arrangement for international holding structures — the licence needs to be properly documented and, in some cases, recorded with the registry to be enforceable against third parties. We handle this as part of the broader corporate and IP advisory.
Disputes and opposition proceedings
If a third party uses a mark that infringes your registered rights, or files an application that conflicts with them, we advise on the appropriate response: opposition proceedings at the trademark office, cease-and-desist correspondence, or referral to litigation where the situation warrants it. We handle the proceedings; we refer to specialist litigation counsel where court proceedings are required.
If a third party uses a mark that infringes your registered rights, or files an application that conflicts with them, we advise on the appropriate response: opposition proceedings at the trademark office, cease-and-desist correspondence, or referral to litigation where the situation warrants it. We handle the proceedings; we refer to specialist litigation counsel where court proceedings are required.
Trademarks are the most common. They are not the only thing worth protecting.
Our Features
We work hard every day to make life of our clients better and happier
- Trade names and company namesThe name under which your company trades — distinct from the registered trademark — can also be protected. We advise on the relationship between company name registration, domain registration, and trademark rights, and ensure the three are consistent.
- PatentsFor businesses with technical innovations, we advise on the European patent system and coordinate with specialist patent attorneys for filing and prosecution. This is not our primary practice — we are clear about that — but we manage the process and the relationships so you have a single point of contact.
- CopyrightCopyright in Portugal and the EU arises automatically on creation and does not require registration. What does require attention is ownership: in corporate structures involving contractors, agencies, and cross-border teams, ensuring that IP created by third parties is properly assigned to the company is a practical matter that is frequently overlooked until it becomes a problem.
- Licensing and transfer agreementsWe draft and review IP licensing agreements, technology transfer agreements, and assignments — ensuring that the rights are accurately described, the territory and exclusivity provisions are clear, and the commercial terms reflect the actual relationship.
Pricing
Official fees plus our time. Stated plainly.
Availability search — national (INPI)
€200 – €350
Search of the Portuguese trademark registry for identical or confusingly similar marks in your selected classes. Written assessment included.
Combined search (INPI + EUIPO + broader)
€500 – €900
Full search: registry databases plus company names, domains, and unregistered marks with potential prior use claims. Recommended before any EU filing.
EUIPO application (1–3 classes)
€800 – €1,400 + official fees
Preparation and filing of an EU-wide trademark application covering all 27 member states. Includes class strategy, filing, and formal examination management. Official fees additional.
Annual monitoring (INPI + EUIPO)
€300 – €500 / year
Ongoing watch service for new applications that may conflict with your registered mark. Quarterly reports with recommended actions where relevant.
Availability search — EU (EUIPO)
€350 – €600
Search across all 27 EU member states for conflicting marks. Covers registered marks and pending applications. Written assessment included.
INPI application (1–2 classes)
€400 – €700 + official fees
Preparation and filing of a national trademark application in Portugal. Includes class selection, mark representation, and examiner correspondence. Official fees additional.
Opposition response
from €600
Assessment of the opposing claim, strategy advice, and preparation of the written defence. Covers both INPI and EUIPO opposition proceedings.
FAQ. Questions we´re asked.
- QOk, so what is RSVP?A:In most EU jurisdictions, no. European trademark law is based on registration, not use. Unregistered marks may attract limited protection under unfair competition law in some specific circumstances — but this is narrow, jurisdiction-specific, and expensive to enforce. If the name matters to the business, register it.
- Q:We registered at EUIPO. Are we protected in Portugal?A:Yes. An EUIPO registration covers all 27 EU member states, including Portugal. You do not need a separate INPI registration if you have a valid EUIPO mark. The INPI registration is relevant only if you want national-only protection, or if there is a strategic reason to have separate national and EU registrations.
- Q:Someone is already using a similar name in Portugal. Can we still register?A:Possibly, depending on how similar the marks are, which classes they cover, and whether the existing use constitutes prior rights. This is exactly the situation the availability search is designed to assess. The answer is rarely obvious without proper analysis.
- Q:We operate in multiple jurisdictions outside the EU. Can you help with trademark registration outside Portugal and the EU?A:For registrations outside the EU, we coordinate through the Madrid System (WIPO) — a single application process that designates multiple countries simultaneously. We manage the EU portion and the strategy; for national prosecution in specific non-EU countries, we work with local counsel through our network.
- Q:Someone is already using a similar name in Portugal. Can we still register?A:Possibly, depending on how similar the marks are, which classes they cover, and whether the existing use constitutes prior rights. This is exactly the situation the availability search is designed to assess. The answer is rarely obvious without proper analysis.
Related reading:
What comes before this:
→ Company Formation in Portugal — establish the legal entity that will hold the IP
→ Corporate & Tax Support — structure the IP ownership correctly within the corporate group
What comes alongside this:
→ Business Launch in Portugal — if the brand is entering the market as well as being registered
→ BCA London — UK trademark registration and IP advisory post-Brexit
What comes before this:
→ Company Formation in Portugal — establish the legal entity that will hold the IP
→ Corporate & Tax Support — structure the IP ownership correctly within the corporate group
What comes alongside this:
→ Business Launch in Portugal — if the brand is entering the market as well as being registered
→ BCA London — UK trademark registration and IP advisory post-Brexit
Not sure where to start?
Let's work it out together.
A 20-minute call. We'll look at your situation — your business, your clients, your country — and tell you honestly which structure makes sense and what it will take.
⏱ 20 minutes · No commitment · Straight answers
⏱ 20 minutes · No commitment · Straight answers
Portugal · Madeira · Azores · company formation for non-residents