Macau is a Special Administrative Region (SAR) of China, operating under the "One Country, Two Systems" principle with an independent legal framework and intellectual property system. The Economic and Technological Development Bureau (DSEDT) oversees trademark and patent matters, and the official languages are Chinese and Portuguese. Macau follows the "first-to-file" principle, with the development of the Guangdong-Hong Kong-Macao Greater Bay Area, a growing number of applicants are paying greater attention to patent strategies and rights protection in Macao.
Macau is a party to international intellectual property treaties such as the TRIPS Agreement, but it has not yet joined the Madrid System. Therefore, trademark registration must be applied for individually, and only single-class applications are accepted; series trademarks cannot be registered. Currently, Macau adopts the Nice Classification for goods and services descriptions and accepts only single-class applications. Elements that can be registered as trademark include words, graphics, symbols, color combinations, three-dimensional shapes, and sounds. Non-residents of Macau must appoint a local agent to handle the application process.
The Nice Classification is adopted. Trademark registration is applied for based on goods/services categories (Classes 1–34 for goods and Classes 35–45 for services).
Applicants can claim a 6-month priority under the TRIPs Agreement, provided the priority documents are submitted.
Includes both formal examination and substantive examination (covering distinctiveness, similarity to prior trademarks, etc.). If approved, the trademark is published for opposition.
The opposition period in Macau is 2 months. If no opposition is filed or the opposition is unsuccessful, the examiner will conduct a substantive review, including checks on distinctiveness, compliance with prohibited registration/use provisions, and conflicts with prior trademarks. If the application fails the substantive examination, a rejection notice will be issued, requiring the applicant to respond within the specified timeframe. If the substantive examination is successful, the trademark will be published for registration, and a certificate will be issued. Under normal circumstances, trademark registration in Macau takes approximately 12 months. If objections or oppositions arise, the process may be extended, often taking 2–3 years.
Trademark protection lasts for 7 years from the date of registration and can be renewed indefinitely (7 years per renewal). Renewal applications must be filed within 6 months before the expiration date. There is a 6-month grace period (subject to additional fees). If the trademark is not renewed within the grace period, restoration is not possible.
Macao's current patent regime is based on Decree-Law No. 97/99/M - Industrial Property Legal Regime. Macao is a member of the WTO (as a separate customs territory) and complies with the TRIPS Agreement and relevant provisions of the Paris Convention. Macao's patent system covers three categories: Invention Patents, Utility Patents, and Design and New Model Patents, classified under the International Patent Classification (IPC) system. Applicants who are not residents or incorporated entities in Macao must appoint a local professional representative to handle filings.
Invention Patents
Extension of Protection: extending an invention patent already granted by CNIPA to take effect in Macao, without undergoing substantive examination again. The term of protection is linked to the remaining term of the original CNIPA patent. Direct Filing: filing directly with DSEDT.
Utility Patents and Design/New Model Patents
Only direct filing with DSEDT is available. Applicants may claim priority under the Paris Convention: 12-month priority period for invention and utility patents; 6-month priority period for design and new model patents. Priority documents must be provided.
Direct Invention Patent: Application form (ECO-060), abstract and drawings (ECO-063), specification, and claims.
Extension - Invention Patent: Extension application form (ECO-091), declaration permitting DSEDT to obtain a copy of the patent register entry and specification from CNIPA.
Utility Patent: Application form (ECO-059), abstract and drawings (ECO-063).
Design/New Model Patent: Application form (ECO-061), abstract and drawings (ECO-063). Applications must be filed in Chinese or Portuguese. Powers of attorney in other languages require certified translations.
For direct filings, applications undergo formal examination followed by substantive examination. After passing formal examination, the application is published upon expiry of 18 months from the filing date (or priority date if claimed) in the Second Series of the Official Gazette of the Macao SAR (first Wednesday of each month). From publication to grant, any third party may file a written statement of opposition. Substantive examination reports are issued by CNIPA as the designated entity. Requests for substantive examination must be filed within: Invention Patents - 7 years; Utility Patents - 4 years; Design/New Model Patents - 30 months (failure results in deemed withdrawal).
Estimated timelines: Direct invention patent: approx. 3-5 years; Utility patent: approx. 2-4 years; Design/New Model patent: approx. 2-3 years; CNIPA extension: approx. 3-4 months.
Invention Patent: 20 years from filing date. Utility Patent: 10 years from filing date. Design/New Model Patent: 25 years from filing date. Annual fees must be paid as prescribed to keep rights in force. Late payment is allowed within 6 months after the due date, subject to a surcharge.
