WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACI6N MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNlllMAC/T/l 
16 February 1998 
(98-0531) 
Original: English! 
.anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces I the text of Decree-Law No. 56/951M, as notified by Macau 
under Article 63.2 of the Agreement (see document IP/N/l/MAC/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le textel du Decret-Ioi n· 56/95/M, notifie par Macao au titre 
de l'article 63:2 de l' Accord (voir le document IP/N/IIMAC/I). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
El presente documento reproduce I el texto del Decreto Ley N° 56/951M, notificado por Macao 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/NIl/MACI 1 ). 
lIn English only.l Anglais seulement.lEn ingles solamente. IP/N/lIMAC/T 11 
Page 2 
DECREE LA y"\l No~'95!l\1 OF 
The approval of this decree governing the protection of trade marks achieves the obj ective 
of setting up a local system of trade mark registration and thus, while maintaining 
cooperation in this respect, removes the need for intervention by a Porruguese 
administrative body -the National Institute of Industrial Property -in relation to the 
Territory ofMacao, and confers the necessary powers for operating the said system on the 
Directorate of Financial Affairs. 
Moreover, it meets the wider objective of setting up a credible system for the protection of 
industrial property rights which it is hoped will, together with the other benefits and 
incentives' recently set up by the Goverrunent of the Territory, serVe to anract the 
investment needed to provide a boost to the economy and development ofMacao. 
Therefore, 
Having heard the Consultative Council, 
The Govemer-decrees, pursuant to the provisions of AnicIe 13, No. 1 of the Fundamental 
Law ofMacao, that the following shall have legal force in the Territory ofMacao: CRAPTER I IP/NIlIMAC/TI 1 
Page 3 
RlGHT TO THE TR'\DE MARK 
SECTION I 
GENER.\L PROVISIONS 
Article 1 
(Scope of protection) 
The present decree governs the protection of trade marks. 
Article 2 
(Right to the trade mark)' 
1. Anyone who adopts a certain trade mark to identify the goods or services 
produced by his economic activity and who satisfies the legal requirements, particularly 
those relating to registration, shall enjoy the ownership thereof and exclusive rights 
therein. 
2. The right to the trade mark confers the guarantees established by law relating to 
property in general and is protected in particular by the terms of the present law and the 
prov:isions of internati?nallaw. 
Article 3 
(Field of application) 
1. The present decree shall apply to residents of the Territory of Macao and to the 
citizens of those countries which belong to the International Union for the Protection of 
Industrial Property, \.: :i~r the tenus of the Paris Convention of 20th March 1883 and 
subsequent revisions thereto, regardless of their place of domicile or abode, subject to the 
special provisions concerning jurisdiction and lawsuits. 
2. Citizens of any other country who ~~2.ve a domicile or a real and effective industrial 
or commercial establishment in the territory of one of the member countries shall be 
deemed to be citizens of the countries belonging to the Paris Convention. IP/N/lIMAC/T 11 
Page 4 
3. ..6u far as cmzens of other countries are concerned, the provisions of the 
international agreements between Macao and the s.ate in ques.ion, or, failing any such 
agreements, a reciprocal arrangement, shall apply. 
Article 4 
(Use of unregistered trade marks) 
1. The use of unregistered industrial or commercial trade marks or service marks 
shall be permitted. 
2. Anyone who uses an unregistered trade mark for a period of no more than six 
months shall, during this period, have the right of priority in applying for registration, and 
may claim against applications previously made by others. 
Article 5 
(Legal presumption of grant of the right to the trade mark) 
Registration of the trade mark simply implies a presumption of novelty or distinction 
compared with those previously registered, and shall be granted at the expense and risk of 
the applicant. 
Article 6 
(Optional use of the trade mark) 
Without prejudice to the provisions concerning the lapse of the right to the trade mark, the 
use thereof is optional, except in the case of goods or services for which the use of a 
registered trade mark has been declared mandator/ by law. 
Article 7 
(Right to use the trade mark) 
The right to use the trade mark shall be conferred on anyone who has a legitimate interest 
therein, i. e.: 
a) Industrialists or manufacturers, in order to identify goods produced by their 
industry or factory; IP IN I lIMAC/T 11 
Page 5 
b) Businessmen, in order to identify goods produced by their business 
c) Craftsmen, in order to identify goods produced by their art, craft or trade 
d) Service providers, in orde:-to identitY their panicular field of activity. 
Article 8 
(Collective mark) 
1. In addition to the provisions of the previous article, the right to use a trade mark 
shall also be granted to organisations which supervise or regulate economic activities, in 
order to identify goods produced by the activities which they supervise or regulate, in 
accordance with their purposes and pursuant to the tenns of their respective statutes or 
constitutional chaners. 
2. The organisations referred to in the above paragraph shall, as applicable, arrange 
for the insertion of provisions in their respective constitutional charters or statutes 
specifying: 
a) who shall be entitled to use the trade mark 
b) the conditions under which the trade mark can be used 
c) the rights and obligations of interested parties in the case of infringement 
3. The Directorate of Financial A . .ffairs shall be notified by the management of the 
organisation owning the trade mark within thirty days of any changes to the statutes which , 
alter the collective mark system. 
Article 9 
C'Registered Trade mark"') 
Throughout the validity of the; registration, the proprietor of the trade mark has the right 
to add to it the term "Marc a Registada" or the initials "M.R." or simply the letter "R", as 
well as the Chinese expression [Chinese characters] and the corresponding romanised 
version in Cantonese, chu chak seong pi9, or in Mandarin, zhiJ ce shang biao, and the 
English expressions "Registered Trade mark" or "T.M.". IP/NII/MAC/TI 1 
Page 6 
Article 10 
(Registration for goods and services) 
The registration of trade marks is carried out for goods or services, the Directorate of 
Financial Aifairs being responsibie for indicating the corresponding classes, in accordance 
with the prescribed system of classification, to be published by government directive. 
Article 11 
(Addition and substitution of goods or services) 
.A..ny goods or services added subsequently, and the substitution of one product or service 
by another, even if within the same class, shall be subject to a new registration procedure. 
Article 12 
(Inalterability of the trade mark) 
1. The trade mark may not be altered, any change to any of its component parts being 
subject to a new registration procedure. 
2. The provisions of the above paragraph shall not apply" to simple changes which do 
not affect the identity of the trade mark and affect only its proportions or the material in 
which it has been stamped, engraved or reproduced, including the colour, if this is not 
expressly Claimed as one of the characteristics of the trade mark. 
Article 13 
(Commencement and duration of the trade mark), 
The right to the trade mark sh~l take effect from the date of grant and shall remain valid 
for a period of seven years from the date of filing of the respective application, and shall 
be renewable for the same period under the terms of Article 71. Article 14 
(Composition of the trade mark) IP/NI1 IMAC/T 11 
Page 7 
1. The trade mark may consist of one or more words or figurative or emblematic 
designs which, when applied in some fOIm to goods or to their packaging, distinguish 
those !:zoods from other identical or similar IZoods. - -
2. The trade mark may also comprise the shape of goods or their packaging inasmuch 
as these distinguish them from other identical or similar goods or packaging. 
3. Colours in themselves do not constitute a trade mark except, if the interested party 
has applied for their protection, where they are combined either together or with graphics, 
primed words or other iterp.s, in a particular and distinctive .fashion. 
4. The trade mark may not consist exclusively of signs or indications which may 
serve, in trade, to designate the kind, quality, quantity, intended purpose, value, 
geographical origin or the time of production of goods or which have become customary 
in current language or in the bona fide and established practices of the trade. 
Article 15 
(Languages which may be used in the trade mark) 
1. The words in/the trade mark shall be in Portuguese, Chinese or English, or any 
combination of tpese languages. 
2. In the registration application, Chinese characters shall be romanised, and a 
translation given, unless they comprise an invented design. 
3. Trade marks for goods destined solely for export may be written in any language, 
but the trade mark shall lapse ifthe~' are used in Macao. 
4. The obligation to use Portuguese, Chinese or English shall not apply to 
applications for international trade mar~ applications and to those made by foreign 
indivi<iuals or companies not domiciled in Macao. IP/N/I/MAC/T/l 
Page 8 
Article 16 
(Publication) 
1. All notices specified in the present decree shall be published, at the applicant's 
expense, in the Official Gazette oj lvfacao, with the official support of the Directorate of 
Financial Affairs. 
2. The following are to be published in the fonn of notices: 
a) The application for regisuation of the trade mark 
b) The grant or refusal of right to the trade mark 
c) Any assignment, encumbrance or licence of exploitation of the right to the 
trade mark 
d) Changes in' address, registered office or name of the proprietor of the trade 
mark 
e) The renewal, lapse or revocation of the right to the trade mark. 
Article 17 
(N otification) 
1. Notifications to be issued under the terms of this decree, with the exception of 
those arising during legal proceedings, in which case the provisions of procedural law shall 
apply, shall be sent bly registered letter. 
2. NotifiGations issued under the terms of the above paragraph shall be deemed to 
have been served on the third day after posting, or on the first working day after this, if it 
is not a working day, and shall not take effect prior to this date. 
3. The assumptiol1 made,in paragraph 2 above may be refuted by the recipient of the 
notification if the notification is received later than the presumed date, for reasons not 
attributable to the recipient, proof of the actual date of receipt being required from the 
postal service. Article 18 
(Persons entitled to take action) 
1. Action and proceedings may be instigated only: IP 1Nl lIMAC/T /1 
Page 9 
a) By the interested panies or by their duly empowered representatives, if 
they are domiciled or established in Macao; 
b) By lawyers. 
2. If the petitions are signed by representatives as specified in paragraph a) above, the 
relevant power of attorney must be attached thereto, and if a power of attorney has been 
issued in a foreign country, it must be duly authenticated and translated. 
3. Lawyers may instigate in the name and on behalf of their clients ail types of 
proceedings and action specified in this decree, and are exempt from having to present 
their credentials, except in the case of proceedings involving the renunciation or surrender 
of the right to the trade mark. 
Article 19 
(Fees) 
The Governor shall issue an order specifying the fees due for the proceedings specified in 
this decree and also the terms and conditions of payment thereof. 
Article 20 
(Public nature of registers) 
.A.nyone may request a certified copy or photocopy of registration entries, filed documents 
and pending applications for registration which have already been published, as well as 
information on the date of publication of any of the documents referred to in this decree. IP/N/lIMAC/T/1 
Page 10 
SECTION n 
REGISTR-\TION PROCEDURE 
StTBSECTION I 
APPLICATION FOR REGISTRATION rn NIACAO 
Article 21 
(Priority of registration application) 
1. Except in the cases specified in the following articles, the registration of the right 
to the trade mark shall be granted to whomever first submits the corresponding 
application, accompanied' by the required documents which provide the information 
specified by law. 
2. If the application is not accompanied by all the required documents, the priority 
shall apply from the date and time at which the last document is provided. 
Article 22 
(Priority of registration application submitted in a 
Paris Convention member country) 
1. Anyone whor'has personally or through his legal representative submitted a regular 
application for registration of a trade mark in any of the Paris Convention member 
countries, or the applicant's successor in title, shall have the right of priority in applying 
for registration in Macao. 
2. The term regular ap'p'lication for registration shall be deemed to mean an 
application which has been submitted under conditions which allow the date on which it 
was submitted in the country in question to be established, whatever may subsequently 
have affected it in any way. 
3. The cl,' ration of the right of priority shall be six months from the day ir:i, necliately 
following the dat~ on which the application for registration was filed. Article 23 IP/N/lIMAC/T/1 
Page 11 
(Scope of priority of registration application submitted in a 
Paris Convention member country) 
1. A registration appiication submitted within the priority perioc referred to in the 
above anicle may not be refused or invalidated on the basis of any fact verified between 
the initial registration application and that made in Macao, including in particular any other 
aoolication for re2istration with an identical object or on the basis of use of the trade . . -
mark. 
2. The facts referred to in the latter part of the above paragraph cannot in any case 
give rise to rights of third parties or the priority of registration based on use. 
Article 24 
(priority of the Paris Convention) 
1. An applicant who wishes to avail himself of the priority for a registration 
application made in a Paris Convention member country shall, together with all other 
formalities necessary for processing his registration applic~;ion in :'facao, declare his 
intention to do so, stating the number, date and time and country of filing of the 
application. 
2. The applicarl't shall also, within a period of three months from the date of 
submission gf the registration application in Macao, attach a copy of the registration 
application which gives rise to the priority, clearly indicating the date on which that 
application was filed. 
3. The documents referre~ to in the above paragraph do not have to be legalised, but 
they must be authenticated by the authority which received the initial application. 
4. In the case of succession to a title, the successor to the right of the original 
applicant must provide evidence of such ·succession when the registration application is 
submitted in Macao. IP/N/l/MAC/T /1 
Page 12 
Article 25 
(Failure to fulfil legal formalities) 
Any faiiure to fulfil the formalities referred to in the above article shall result in the loss of 
the right of priority. 
Article 26 
(priority based on use of an unregistered trade mark) 
1. Applicants who wish, under the terms of paragraph 2, Article 4, to claim priority 
for their registration application based on the use of an unregistered trade mark shall, 
together with all other i~ems necessary for processing .the application registration In 
Macao, submit all documents providing evidence of the said use. 
2. The documents to be used as evidence, as referred to in the above paragraph, shall 
be freely assessed, except in the case of authentic documents. 
Article 27 
(Application for registration) 
1. The trade mark registration process begins with the submission to the Directorate 
of Financial Affairs ofnvo copies of an application for registration, signed by the applicant . 
or by the applisant' s representative and drawn up using the proper printed form of the 
type showtrui"ihe example attached to this decree. 
2. The applicant must specify on the form referred to in the above paragraph: 
a) His name, firm or company name; 
b) His nationality; 
c) His profession or main occupation; 
d) His address or registered office; 
e) Whether the trade mark relates to goods or services; 
f) The class and the goods or services to which the trade mark relates; 
g) Whether the trade mark is industrial or commercial; IP/NllIMAC/T/l 
Page 13 
h) The items referred to in t\.rticle 24 if the applicant \\·ishes to claim the 
priority of the Paris Convention; 
i) The items referred to in the preceding article if the 2.DDlicant wishes to - . . 
claim priority on the basis of use of an unregistered trade mark; 
j) The legal or starutory provisions under which the colIec1:ive mark system 
has been established, if applicable. 
Article 28 
(processing of application for registration) 
The following items must be submitted with the application for registration: 
a) A representation of the trade mark, attached to the appropriate section of 
the printed form; 
b) Two photolithographs, with maxImum dimensions of 7 x 8 cm and 
minimum of 1.5 cm x 1.5 cm, for typographic reproduction of the trade' 
mark; 
c) Authorisation' from a third party if the applicant plans to include in the 
trade mark that party's name, firm or company name, insignia or likeness; 
d), Authorisation to include in the trade mark any flags, armorial bearings, 
shields" coats of arms, or other emblems of the Territory, municipal 
aut,honties or other public or private entities, whether national or foreign, 
.official badges, stamps and seals of certification and guarantee, private 
emblems or names of the Red Cross or other similar organisations 
e) The items referred to in Article 26 in the case where the applicant wishes to 
claim priority on the basis of the use of an unregistered trade mark. 
Article 29 
(Proof of filing of application for registration) 
The duplicate of the application for registration shall be returned to the applicant duly 
stamped and bearing a note of its number as well as the date and time, to serve as proof of 
filing. IP/NI 1 IMAC/T/1 
Page 14 
Article 30 
(Classification of goods and services) 
1. Once the application for registration of the trade mark has been made, the 
Directorate of Financial Affairs will classify the goods and services in accordance with the 
provisions of .Article 10. 
2. If the application includes goods or services classified under different classes, the 
applicant shall be told to restrict the application to one single class and to make further 
applications, if required, for the different goods or services. 
3. The applicant may oppose the classification v..-ithin a period of thirty days from the 
date of publication of the Gi:pplication for registration of the trade mark. 
4. A decision shall be taken concerning the opposition referred to in the above 
paragraph within a maximum of fifteen days and shall be notified to the applicant. 
5. An appeal may be made against the decision on the opposition to the court having' 
jurisdiction in the matter. The appeal shall be lodged within thirty days of publication of 
the notice of the grant of right to the trade mark., the provisions of Anicle 47 applying, as 
appropriate. 
Article 31 
(More'than one trade mark included in a single registration) 
1. It is permitted to include in a single application for registration a series of trade 
marks which differ only in the name of the goods or services to which they apply. 
2. Each of the trade marks referred to in the above paragraph shall have independent 
effect, but ownership of the series shaH be indivisible, and the series shall have just one 
registration number, with a different letter to identify each trade mark in the series. Article 32 IP/N/I/MAC/T/l 
Page 15 
(Rectification of irregularities in the application for registration) 
1. If, prior to publication of the notice of application for registration, it is found that a 
document is missing or that there is some other irregularity, the applicant shall be notified 
and ~equired to rectify the situation within a period of thirty days. 
2. The publication referred to in the preceding paragraph shall take place only once 
the situation has been rectified. 
3. If the application for registration of the trade mark is not rectified within the period 
specified in paragraph 1, it shall be cancelled and revoked. 
Article 33 
(publication of the application for registration) 
1. Once the application for registration has been received and the goods and services 
have been classified, the application shall be published in accordance with the terms of 
Article 16. 
2. Publication of the notice of application for registration includes the typographic 
reproduc'tion of the trade mark and an indication of the class and of the goods or services 
for which it is to be used. 
Article 34 
(Opposition proceedings) 
Anyone who considers the potential grant of registration prejudicial to his interests may 
give notice of opposition to the registration to the director of the Directorate of Financial 
Affairs within ninety days of the date of the publication referred to in the preceding 
paragraph. IP/NI 1 IMAC/TI 1 
Page 16 
Article 35 
(Rejection of the opposition) 
1. Failure to give notice of opposition before the end of the period referred to in the 
preceding paragraph will result in a declaration of rejection issued by the director of the 
Dire~orate of Financial _tu'Tairs within fifteen days of the date on which the opposi!ion is 
lodged. 
2_ Notification of the rejection decision shall be sent to both the opponent and the 
applicant. 
3. There is no independent appeal procedure against the rejection decision although 
the opponent may, under the terms of Article 47, appeal against the decision granting the 
right to the trade mark, it being a prerequisite that such appeal is made on the grounds of 
the invalidity of the said decision. 
Article 36 
(Notification of and response to opposition) 
1. Once the opposition has been received, the applicant shall be notified thereof 
within fifteen days of the date of its submission and must respond within thiny days. 
2. A copy ofthe,opposition shall be sent to the applicant with the notification. 
Article 37 
(Rejection decision and notification of the response to the opposition) 
1. The provisions of paragraphs 1 and 2 of Article 35 shall apply, as appropriate, to 
the submission of the response. 
2. The opponent shall be sent a copy of the response v"ithin fifteen days. 
Article 38 
(Obligation to provide copies) 
1. As many copies of the opposition and the response to the opposition shall be 
sub~tted as there are applicants or opponents. IP/N/lIMAC/T/l 
Page 17 
2. In addition to the copies referred to in the preceding paragraph, an additional copy 
must be sent for the archives and to be used as a basis for rectifYing maners in the case of 
mistakes. 
Article 39 
(Filing of documents) 
1. The documents shall be filed together with the document which summarises the 
facts referred to therein and not, under any circumstances, any later. 
2. The provisions of the preceding article shall apply to the fiiing of documents. 
Article 40 
(Inspection) 
1. In the case of either the opposition or the response, the partleS may, giving 
r~asons, request an inspection of a commercial or industrial establishment or other relevant 
premises, with a view to supporting or clarifying their allegations. 
2. If an inspection has been requested and once the period allowed for response to 
the opposition has expired, the director of the Directorate of Financial Affairs shall decide 
on the matter. 
3. Once the inspection has been authorised, it shall take place v.rithin fifteen days of 
notification of th~ decision referred to in the preceding paragraph. 
4. The..inspection may not be postponed, and any failure to carry it out as a result of 
an impediment affectillg either of the parties shall be freely assessed on the basis of the 
circumstances of each case. 
5. The cost of the inspection shall be borne by the party whose claim is rejected in the 
final decision. 
Article 41 
(Subsequen~ proceedings) 
1. Once the opposition or the response have been submitted, or after the respective 
periods allowed have elapsed, and after any inspections have been carried out, the 
application for registration of the trade mark shall be examined and a decision taken. IP/NIl/MAC/TI 1 
Page 18 
2. Notification of rejection of the application for trade mark registration shall be sent 
to the applicant and, if there was any opposition, to the opponent. 
Article 42 
(Examination of the trade mark application) 
1. The examination of the application shall consist principally of the examination of 
the requested trade mark and comparison with the registered trade mark or marks relating 
to the same goods and services and to similar goods and services. 
2. The examination of the trade mark shall always, as far as any words included in the 
trade mark are concerned, include an assessment of the possibility of confusion between 
the Ponuguese, Chinese, English or other characters and sounds, either in each language 
on its own or between the various languages. 
Article 43 
(Refusal of registration) 
Registration of the trade mark be refused if: 
a) The fees have not been paid; 
b) The required documents have not been provided; 
c) Oth~r essential formalities have not been carried out; 
d) The applicant is likely to practise unfair competition, or if this might occur 
for reasons beyond his control; 
e) The provisions concerning the composition of the trade mark or the 
language used have not been complied with; 
f) The trade mark consists, in whole or in part, of flags, armor iai bearings, 
shields, coats of arms or other emblems of the Territory, municipal 
authorities or other public or privde entities, whether national or foreign, 
without the necessary authorisation having been obtained; IP/N/l/MAC/T 11 
Page 19 
g) The trade mark consists, in whole or in part, of official badges, stamps and 
seals of certification and guarantee, in respect of trade marks to be used for 
goods identical or similar to those to which they are to be applied, unless 
appropriate permission has been obtained; 
h) The trade mark consists, in whole or in part, of coats of anus or heraldic 
insignia, devices, decorations, names, titles and honours to which the 
appiicant is not entitled or, if he is entitled thereto, which could be 
disrespectful to or detract from the prestige of such insignia; 
i) Tne trade mark consists, in whole or in pan, of the emblem or name of the 
Red Cross or other organisations which have been granted bv the Governor - _. 
the right to use private emblems, unless special pennission has been 
obtained; 
j) The trade mark consists, in whole or in part, of a firm or company name, 
name or logo which do not belong to the applicant or which the applicant is 
not authorised to use; 
1) The trade mark consists, in whole or in part, of the names or likenesses of 
individuals, without permission for such use from the individuals in 
question, or, if they have died, from their heirs ·or relatives up to the fourth 
degree, or if, in the case where such permission has been obtained, the 
trade ~ark in question could be disrespectful to or damage the reputation 
o~ sU6h individuals; 
m) The trade mark consists, in whole or in part, of the illegal reproduction of a 
protected literary, artistic or other work., unless appropriate permission has 
been obtained; 
n) The trade mark consists, in whole or in part, of false infonnation 
concerning the nature, quality or use of the goods and services to which it 
applies; 
0) The trade mark consists, In whole or in part, of a false indication of 
provenance of the goods, ·whether the cou .. 1'j, region or locality, or the 
factory, property or establishment; 
p) The trade mark consists, in whole or m part, of the reproduction or 
imitation of all or part of a trade mark registered earlier by someone else 
for the same goods or services or similar goods or services, which could 
mislead consumers. IP/N/l/MAC/T/l 
Page 20 
Article 44 
(Imitation or infringement of trade mark) 
1. Trade marks shall be deemed to have been imitated or infringed in whole or in 
part, in the case where a trade mark for goods or services entered in the classification lis! 
under the same number or under a different but very similar number, bears such a close 
similarity in graphics or words, or figuratively or phonetically, to another previously 
registered trade mark as to easily mislead or confuse consumers, since they would not be 
able to distinguish between the two without close examination or comparison. 
2. Trade marks shall be deemed to have been panially imitated or infringed in the 
case of use of a panicular invented or fanciful name which forms part of a earlier trade 
mark belonging to someone else, or solely of the external appearance of the packaging or 
wrapping with the relevant colours and arrangement of wording, devices and insignias, in 
such a way that illiterate persons would not be able to distinguish them from others 
adopted by the proprietors of legitimate trade marks, especially well-known trade marks 
or those of international renown. 
Article 45 
(Well-known trade marks) 
1. Interested patties may request the refusal of an application for registration of a 
trade mark if it consists, in whole or in large part, of the reproduction, imitation or 
translation of another well-known trade mark which is known to belong to an individual or 
company who is a J).ational of or whose registered office is located in another Paris 
Convention country, ifit is applied to identical or similar goods or services and with which 
it could be confused. 
2. Interested parties seeking the refusal of a trade mark as mentioned in the preceding 
paragraph may intervene in the proceedings only if they can provide evidence of having 
already requested in Macao the relevant registration or if they do so at the sa.-ne time as 
submitting the request for refusal. Article 46 
(Legal remedy) IP/NIlIMAC/TI 1 
Page 21 
1. An appeal against the decision to refuse regisrration of the trade mark or the 
decision to grant it, in the case of opposition proceedings, may be made to the court 
having jurisdiction in the matter. 
2. The following shall be entitled to lodge such appeal: 
a) The applicant for the registration which has been refused, or his successors 
in title; 
b) The opponent or his successors in title. 
3. The appeal shall be lodged 'Nithin thirty days of notification of the decision. 
Article 47 
(Appeals procedure) 
1. If there are no grounds for preliminary refusal and if the application is admissible, a 
summons shall be addressed to the Director of the Directorate of Financial Affairs, 
requiring him to refer the matter to which the summons relates to the courts within a 
period of thirty day's, or to reply, as he sees fit. 
2. Once an appeal has been lodged against the decision to refuse or to grant 
; 
registration of the trade mark, the applicant or the opponent, as applicable, shall also be 
summoned--to-teply within the same period. 
3. Failure to reply shall not have comrninatory effect. 
4. Subsequent proceedings shall take the form of summary civil proceedings, in which 
all evidence shall be subr:utted and in which any decision shall be subject to apf: '11 to a 
higher court of law. 
Article 48 
(Evidence of right to the trade mark) 
Evidence of the right to the trade mark shall be provided by the title to the registration. IP/NII/MAC/TI 1 
Page 22 
Article 49 
(Grant of title to the registration) 
1. If the right to the trade mark is granted without any opposition proceedings, the 
document g:raming: titlce to the reGistration mav be issued after oavrnent of the fee due. - - - ... ... .. 
2. If the right to the trade mark is granted despite opposition proceedings, the 
document granting title to the registration may be issued, after payment of the fee due, 
once the period specified in Article 46, paragraph 3, has expired, and the Directorate of 
Financial Affairs has been infonned by the court that no appeal proceedings have been 
lodged against the decision. 
3. If appeal proceedings are lodged, the document gr~.nting title may be issued once 
the applicant submits an attestation of the court ruling in his favour and pays the 
corresponding fee. 
Article 50 
(Content of the document granting title to the registration of the trade mark) 
The document granting title to the registration of the trade mark referred to in the 
preceding articles shall contain the following infonnation, plus any other details deemed 
necessary for proper identification of the property to which it relates: 
a) Designation of the Territory ofMacao as the place of issue; 
b) Designation of the issuing body; 
c) Date of grant; 
d) Duration of the period for which the right to the trade mark is granted; 
e) Legal provisio~s applicable; 
f) Date and sig:nature of the competent authorities. Article 51 
(Registration certificate) IP/N/lIMAC/T/l 
Page 23 
The proprietor of the trade mark registration may obtain a certificate containing the same 
infonnation as in the document granting title for the purpose of proving his legal rights. 
Article 52 
(Notification to the Commercial and Vehicle Registration Office) 
The Commercial and Vehicle Registration Office shall be notified by the Directorate of 
Financial Affairs of the granting of the trade mark registration so that the fanner does not 
authorise or register trade. or other names which might be. confused with the wording of 
the registered trade mark. 
Article 53 
(Amendment of the trade mark) 
Any application for amendment subject to new registration shall be processed m 
accordance with the above articles. 
SUBSECTION IT 
APPLICATION FOR INTERNATIONAL REGISTR"-TION 
Article 54 
(Requirements) 
1. The proprietor of a registered trade mark who is resident or established in Macao 
and who wishes to seek legal protection of his trade mark in the countries which are, or 
may in future be, party to the Madrid Agreement of 14th April 1891 concerning the 
::1ternational registration of trade or commercial marks, should submit an application to 
the Directorate of Financial Affairs containing the following information, in addition to 
that specified in Article 27: IP/N/lIMAC/T/l 
Page 24 
a) Date of registration and of the last renewal requested; 
b) Number of the registration proceedings; 
c) Date and number of previous international registrations of the. trade mark 
in question, as well as changes of proprietor and changes in the name, firm 
or company name even if these are not entered in the international register; 
d) If the applicant is claiming the colour to be a distinctive element of the 
trade mark, the application must contain a declaration to this effect; 
e) Details of the date on which, the form in which and the person by whom 
the payment of the international fee was made and whether this payment 
covers the full twenty years of protection granted by the registration or the 
first ten years only. 
2. The documents necessary for processing the application, as specified by the 
Madrid Agreement of 14th Apri11891 concerning the international registration of trade or 
commercial marks, shall be submitted together with the appli~ation for registration 
referred to in the preceding paragraph. 
Article 55 
(processing of application for registration) 
1. After establishing both that the information contained in the application conforms 
to the items req1,lir~d respectively for processing and registration and that the type mould 
f conforms to-requirements, the Directorate of Financial Affairs shall draw up the prescribed 
forms, with a black and white reproduction of the trade mark in each, and, in case of any 
claim in this respect, a colour reproduction next to the former. 
2. If the applicant has failed to fulfil any of the required formalities, he is given notice 
to rectify t . = situation within thirty days, at the end of which period the file is archived and 
can only be: reopened on submission of a new application. 
3. Once the formalities referred to in the preceding paragraphs have been completed, 
the application is sent to the Internationa; Bureau. Article 56 
(Delivery of form to the applicant) IP IN I 1/MAC/T /1 
Page 25 
Once the fonn sent by the International Bureau, duly signed and sealed and giving the date 
and the international regis!ration number, has been received by the Directorate of Financial 
Affairs, a copy shall be sent to the applicant or the applicant's representative, after the 
number and date thereof have been recorded in the Macao remster. 
Article 57 
(Partial surrender of registered trade mark) 
The proprietor of an inter:national registration may surren~er the protection of the trade 
mark in respect of one or more of the countries in which it is registered, by making a 
declaration to this effect to the Directorate ofFmancial Affairs, which is forwarded to the 
International Bureau and then passed by the latter on to the countries affected by the said 
surrender. 
Article 58 
(Renewal of the registration) 
Renewal of the international registration shall be subject to the same fonnalities as 
required for the original application. 
Article 59 
(Addition or substitution of goods) 
The provisions of the preceding paragraph shall also apply in the case of the subsequent 
addition of new goods or classes and substitution of one product or class by another. IP/NIlIMAC/TI 1 
Page 26 
Article 60 
(Notification of alterations to the International Bureau) 
The Directorate of Financial A...::rairs shall notifj the International Bureau of anv alterations 
to trade marks registered in Macao which might affect the imernational register, with a 
view to registering and publishing such alternations and notifying the member coumries in 
which the trade marks have been granted protection. 
Article 61 
(Effects of international registration) 
1. An application for protection in Macao of an intern~tionally registered trade mark, 
received in accordance with the terms of the Madrid Agreement of 14th April 1891, shall 
be published under the terms of and for the purposes specified in Ankles 33 and 34. 
2. Once the period allowed for opposition has expired, the application shall be' 
examined and a decision taken, and protection in Macao shall be refused if any of the 
situations which, under the terms of Anicle 43, are grounds for refusal of registration of 
trade marks in the Territory are found to exist. 
3. An appeal may be lodged under the terms of the present decree against the 
decision refusing the right to the trade mark, or against the decision to grant it, in the case 
of opposition. 
Article 62 
(Formalities for notification of refusal) 
1. The International Bureau shall be notified of the refusal of protection. Three copies 
of the notice shall be sent, one for the said Bureau, one for the industrial property office in 
the country of origin and the last for the proprietor of the registered trade mark. 
2. The notice of refusal shall contain the following inform2.tion: 
a) Reference to the Territory ofMacao; 
b) The date of issue; 
c) The number and date of the international registration; d) The name and address of the proprietor; 
e) The reason for refusal; IP/NIl/MAC/TI 1 
Page 27 
f) The period allowed for appeal and the court to which such appeal should 
be made; 
g) If the refusal is panial, indication of the goods or services to which the 
trade mark Ca.Ill1ot apply in Macao; 
h) If the reason for refusal is the existence of an earlier trade mark, indication 
of the national or international trade mark which prevents the registration 
from being granted, an example of the trade mark in question, the name 
and address of its proprietor and the date and number of registration. 
3. The provisions of the present decree which served ,as grounds for the refusal shall 
be transcribed on the reverse of the notice of refusal, which shall also specify the period 
allowed for appeal and the court to which such appeal should be made. 
Article 63 
(period for notification of refusal) 
The notice of refusal of protection in the Territory of Macao shall be sent to the 
International Bureau within a period of one year from the date of international registration 
of the trade mark. 
Article 64 
(Refusal of renewal on the grounds of alterations to the trade mark) 
Protection may be refused, in the case of renewal, to internationally registered trade marks 
which have been subject to alterations which change their distinctive character or the 
indication of the goods or services to which they apply. IP/NIl/MAC/TI 1 
Page 28 
Article 65 
(New registration on the grounds of refusal of renewal) 
1. If protection is refused, in the case of renewal, the trade mark may be protected by 
a new registration a.> long as the necessary requirements and legal fonnalities are 
observed. 
2. If protection is granted under the tenns of this article, it shall take into account the 
rights and priorities relating to the goods and services identified in the same terms in both 
the earlier registration and the current registration. 
SECTIONll 
ASSIGNlVIENT, ENCUMBRANCE AND LICENCE OF EXPLOITATION 
OF THE RIGHT TO THE TRADE MA.RK 
Article 66 
(Assignment of ownership of the trade 'mark) 
1. The ownership of registered trade marks may be assigned free of charge or subject 
to payment, independ"ently of the assignment or transfer of the business operations. 
2. The transfer of the goodwill in the business shall be deemed to include the 
assignment of ownership of the trade mark, unless othervtise stipulated. 
3. If the assignment of ownership of the trade mark is concurrent with that of the 
goodwill in the business of which it is a part, the contract shall be subject to the formalities 
required for assignment of the goodwill in the business. 
4. If the assignment of ownership of the trade mark is to be independent of the 
assignment of the goodwill in the business, the relevant agreement shall be m~de in writing 
and the signatures of the contracting parties ·-hall be authenticated by notary. Article 67 IP/N/I/MAC/T/l 
Page 29 
(Grant of licence of e:tploitation of the trade mark) 
1. The proprietor of the registered trade mark may grant to a third party a licence to 
use it, free of charge or subject to payment, in respect of all or some of the goods or 
services it covers. 
2. As the licence shall be exclusive, no other licence may be granted while the former 
remains valid. 
3. The rights obtained from the licence of exploitation may not be transferred or 
temporarily assigned without the wrinen consent of the proprietor of the registered trade 
mark, unless otherwise stipulated in the licence agreement. 
4. The licensee shall, unless otherwise stipulated in the licence agreement, enjoy the 
same rights as were granted to the proprietor of the registered trade mark. 
5. The licence agreement shaIl be made in writing and the signatures of the .. 
contracting parties shall be authenticated by notary. 
Article 68 
(Non-transferability of the ownership of certain trade marks) 
Trade marks registered by organisations which regulate or supervise economic activities 
shall not be transferable, unless specific provisions to this effect are included in the statutes 
f or constirut.ianal charters of such organisations. 
Article 69 
(Registration of assignment, encumbrance and licence of e:tploitation 
of the right to the trade mark) 
1. The assigrunent, encumbrance and licence of exploitation of the right to the 
invention shall not take effect vis-a-vis third parties until they have been registered with 
the Directorate of Financial .A..:ffairs. 
2. The registration shall be entered on the certificate of registration and in the books 
or computer records at the request of any interested party, on submission of the 
documentation relating to the assignment, encumbrance or licence of exploitation. IP/N/lIMAC/T/l 
Page 30 
3. The regis'traticn certificate shall be remrned to the applicant and the documents 
shall be attached to the file, together with the corresoonding aoolication. - .. _ ..... 
4. The registration shall be published as specified in the present decree. 
Article 70 
(Registration of changes of address, registered office or finn or company name) 
The provisions of the preceding article shall apply to changes of address, registered office, 
and firm or company name or any other similar details, as applicable. 
SECTION IV 
RENEWAL, LAPSE AND REVOCATION OF TRADE M..:\.RKS 
Article 71 
(Renewal of the right to the trade mark) 
1. The right to the trade mark may be renewed by s~9mitting an application six 
months prior to the date of lapse, attaching the original registration certificate. 
2. Renewal of th~ right to the trade mark shall be published under the tenns of the 
present decree and shall be entered on the registration certificate. 
Article 72 
(Lapse of trade marks) 
Trade marks shall lapse as a result of: 
a) Expiry; 
b) Surrender, 
c) Failure to pay the corresponding fees; 
c) .Alterations to the trade mark which affect its iden::ity; IP/N/l/MAC/T/1 
Page 31 
e) Gram of a new right to the trade mark by the addition or substitution of 
goods or services. 
2. Lapse shall occur as a result of: 
a) The expiry of the period for which the right to the trade mark was granted; 
b) The faiiure to use the trade mark for three consecutive years, except in the 
case of duly proven force majeure. 
c) Tne situation specified at the end of paragraph 3 of Article 15. 
3. Collective trade marks shall also lapse if 
a) The organisation which is the proprietor of the trade mark ceases to exist; 
b) It is used for purposes other than the general or mandatory purposes set 
out in the statutes of the organisation which is the proprietor of the trade 
mark and with its knowledge. 
4. The lapse of the trade mark shall be published in accordance with the tenns of the 
present decree. 
Article 73 
(Lapse as a result of surrender) 
1. Surrender of the right to the trade mark shall be made on the proper fonn., signed 
by the proprietor, whose signature must be authenticated by a notary. 
2. Surrender of ...the right to the trade mark shall not prejudice the rights of third 
parties, including in particular any rights arising from a licence of exploitation agreement 
or from any encumbrance of the right to the trade mark, in which case the surrender shall 
not take effect until the period for which the licence was granted or the encumbrance 
established has elapsed. 
3. If the application to surrender the right has not been signed by the proprietor, his 
representative or lawyer must attach the power of attorney established to this effect. 
Article 74 
(Revocation of the registration of the trade mark) 
1. The following shall be considered grounds for revocation of the registration of the 
trade mark: 
a) The grounds for refusal of registration as specified in Article 43~ JP IN I lIMAC/T /1 
Page 32 
b) The grant of the right to a trade mark which consists, in whole or in part, 
of the reproduction, imitation or translation of another well-known trade 
mark which is known to betong to citizen of another Paris Convention 
coumry, if it is applied to identical or similar goods or services and vrith 
which it could be confused. 
2. Interested parties seeking the revocation of the registration of a trade mark as 
mentioned in paragraph b) above may do so only if they can provide evidence of having 
already requested the registration of the trade mark with which it may be confused. 
Article 75 
(Revocation proceedings) . 
1. Revocation proceedings must be referred to the court having jurisdiction in the 
matter within a period of one year from the date on which the grounds for such revocation 
became known. 
2. Once the court ruling has been made, the decision to revoke the trade mark 
registration shall be notified to the Directorate of Financial Affairs and shall be published, 
in accordance with the provisions of the present decree, at the expense of the interested 
party. 
CHAPTERll 
t~""FR1NGEl\1ENT OF REGISTERED TRADE MARK 
AND PROHIBmON OF UNFAIR COMPETITION 
Article 76 
(Infringement of the right to the trad e mark) 
1. Any person who: 
a) Copies, in whole or in part, or otherwise reproduces by whatever mear a 
registered trade L,~;""k without the consent of the legitimate proprietor; 
b) Imitates some 'or all of the characteristic features of a registered trade 
mark; c) Uses a :ounterfeit or copied trade mark; IP/NI1/MAC/TI 1 
Page 33 
d) Fraudulently uses for his own goods or services a registered trade mark 
belonging to someone else; 
e) Fraudulently uses his trade mark on goods or servIces belonging to 
someone else, for the purpose of misieading the consumer in respect of the 
origin thereof; 
t) Imports, sells, offers for sale or supplies goods or services with a trade 
mark which is counterfeit. copied or fraudulently used as specified in the 
preceding paragraphs, 
g) Uses a collective mark for purposes other than those specified In the 
statutes or constitutional charters of the organisations in question 
shall be subject to a penalty of up to one year in prison or a fine of between five thousand 
and five hundred thousand patacas. 
2. . In the case of a repeated offence, the penalty shall be a prison sentence of up t~. 
three years or a fine of between fifty thousand and one million patacas. 
Article 77 
(Liability in the case of revoked registration) 
Anyone who fraudulently makes an application for the registration of a trade mark which 
is subsequently revoked on the grounds of infringement of third party rights shall be 
subject to :the· same penalties as those which apply to the offence of making fraudulent 
declarations. 
Article 78 
(Failure to use a mandatory trade mark) 
Any goods which. are subject to a mandatory trade mark shall, if such a mark is not used, 
except where otherwise stipulated by 'special legislation, be confiscated and those 
responsible shall, ry law, be liable for any loss or darnag~ so caused. IP/N/l/MAC/T/l 
Page 34 
Article 79 
(Unfair competition) 
1. The term unfair competition shall mean any competition comrary to 'the normal 
and honest practices of any panicuiar trade. 
2. The following Jl panicular are prohibited: 
a) .Any acts likely to cause confusion with the establishment, the goods, the 
services or the credit of competitors, whatever the means used; 
b) False declarations made in the course of trade, industry or services, mth a 
view to discrediting the establishment, the goods, the services or the 
reputation of competitors; 
c) Unauthorised statements or references, made with the intention of 
obtaining personal benefit from the credit or reputation of the name of a 
company, brand, product or service belonging to someone else; 
d) False statements, for personal benefit, about the credit or reputation of a,' 
company or its proprietor, as regards their capital or financial situation, the 
nature or extent of their activities and business or the quality and quantity 
of their customers; 
'e) Fraudulent advertising and false descriptions or infonnation about the 
nature, ,quality and use of goods or services; 
t) False. 'lnformation concerning the provenance, place, region or territory, 
factory, property or company, whatever the method used; 
g) The suppression, removal or alteration by the seller or by any intennediary 
of the original name of the goods or of the registered trade mark of the 
producer or manufacturer in the case of goods for resale which have not 
been modified; 
h) The illicit appropriation, use or disclosure of industrial or commercial 
secrets belonging to others. Article 80 
(Subsidiary application) IP/N/1/MAC/T/l 
Page 35 
The provisions prohibiting unfair competition shall apply only if the ac:ual situation does 
not fall within the scope of the provisions relating to the infringement of registered trade 
marks' or of any other industrial property rights. 
Article 81 
(Third party liability) 
Anyone who carries out the activities prohibited by the provisions of this section shall, by 
law, be held iiable for any loss or damage caused thereby. 
CHAPTERll 
FINAL AND TR.\NSITORY PROVISIONS 
Article 82 
(Entry into force) 
1. The present d~cree shall enter into force thirty days after publication. 
2. The provisions of this decree relating to international registration shall enter into 
force as SODn-as the Madrid Agreement of 1891 concerning the international registration 
of trade marks or commercial marks is applicable in Macao. 
Article 83 
(Earlier trade marks) 
Trade marks grap.ted by the National Institute of Industrial Property and applicable in 
Macao shall remain fully valid for the period for which they were granted. Ho'}'ever, the 
provisions of the present decree shall apply on renewal thereof IP/N/lIMAC/T 11 
Page 36 
Article 84 
(Outstanding registration applications) 
1. Applications for registration of trade marks which are still outstanding on the date 
of entry into force of the present decree and which have not yet been published in the 
Official Journal of Industrial Property shall be resubmitted by the National Instirute of 
Industrial Property to the Directorate of Financial Affairs, which shall then be responsible 
for subsequent processing thereof. 
2. Any other applications for registration of trade marks which are still outstanding 
on the date of entry into force of the present decree shall be subject solely to the 
provisions of the legislation currently in force. 
3. The provisions of the present decree shall apply to the renewal of the registrations 
referred to in the preceding paragraph. 
Article 85 
(Abrogative clause) 
All laws containing provisions which are contrary to those· of the present decree are 
hereby r~pealed. This applies in particular to the following: 
a) Decree Law No. 44/871M of 29th June; 
b) Articles 165 to 216, 264, 265, 269, 270 and 290 to 293 of the Industrial 
,Property Code, approved by Decree Law No. 16/95 of 24th January, 
published in the Official Gazette, No. 36, Series 1, of 4th September 1995. 
Approved on [date] 1995 
Be it known. 
The Governor 
Vasco Rocha Vieira 