A creation whose appearance represents a product in whole or in part by virtue of such characteristics as lines, contours, colours, forms, textures and/or the materials used in the product itself and/or its ornamentation and which meets the requirements of novelty and unique character, may apply for the registration of industrial design and model for protection.
Service target and eligibility of application
1. Any individual who is holding a Macao SAR Resident Identity Card;
2. Any body corporate registered in the Macao SAR and constituted according to the law of the Macao SAR;
3. For those who do not hold a valid Macao SAR Resident Identity Card, or are not a body corporate registered in the Macao SAR, they can appoint one of the following entities as their proxy, and submit the relevant “Power of Attorney”:
- A lawyer registered with the Macao Lawyers Association;
- An individual who is a Macao SAR resident;
- A body corporate registered in the Macao SAR;
- An official industrial property agent authorized or accredited in the Macao SAR (currently not applicable).
Procedures
1. The applicant should complete the form “Application for Registration of Industrial Design or Model” and “Abstract” forms in Chinese or Portuguese, and submits them with the annexes to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor). The relevant fees together with the payment slip should be submitted and paid at the Treasury of the Reception Center of the Economic Services (2nd Floor) within 8 working days upon the application. The fees in patacas should be paid in cash or by cheque, crossed and made payable to Direcção dos Serviços de Economia;
2. If the application is in order, the relevant notice of application will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR, after 12 months counting from the application date or after 12 months counting from the priority date in case of priority is claimed. In the period between the publication date and the grant date of industrial design or model, any third-party may raise an opposition in writing against the relevant application for the registration;
3. Within 30 months of the date of filing of the main or divisible application, the applicant should complete the “Application of Other Actions” form which can be downloaded on the website of the Economic Services, or obtained for free at the Intellectual Property Department of the Economic Services, and submit to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) for the application of substantial examination, otherwise the application for registration will be refused;
4. After the application for registration of industrial design or model has been approved, the information including the relevant registration number, name of the right-holder and the ruling date, etc, will be published on the first Wednesday of every month, in the Series II of Official Gazette of the MSAR;
5. Upon the end of the one-month period for appeals counting from the date of publication of the approval of registration, or five working days after the court decision was acknowledged in the event of an appeal, the applicant should submit the original receipt of the payment of application fees issued by the Economic Services, at the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) to obtain the registration certificate.
Necessary documents
1. The completed “Application for Registration of Industrial Design or Model” form, (can be downloaded on the website of the Economic Services, or obtain for free at the Intellectual Property Department of the Economic Services);
2. The completed “Abstract” form, (can be downloaded on the website of the Economic Services, or obtain for free at the Intellectual Property Department of the Economic Services), and the contents of abstract should include the description of the innovative characteristic of the product, but limited to 150 words
3. Descriptive drawings or photos;
4. Where appropriate, submit the following documents:
- Power of attorney;
- Document of priority right;
- Application for request of delay of publication;
- If the certificates or other documents are not written in official languages of MSAR, translated copies should be submitted in any official languages of MSAR (Chinese or Portuguese).
Processing time
1. The timing for granting of registration is within 12 months after the publication of the relevant application in Official Gazette of the MSAR;
2. Time required for the issue of registration certificate is five working days.
Remarks
1. The duration of industrial design or model is 25 years counting from the application date. The annual fee of industrial design or model counts from the application date, and the fee for application of registration has included the annual fees of first five years, and the coming annual fees (including the registered industrial design or model and the application of industrial design or model) should be paid, within six months of the due date of annual fee of the previous year, by completing the “Application of Other Actions” form which can be downloaded on the website of the Economic Services, or obtained for free at the Intellectual Property Department of the Economic Services, and submit to the Industrial Property Application Counter of Reception Center of the Economic Services (2nd Floor) for the application of payment of annual fee;
2. In the following cases, an annotation is required to record or inscribe in the respective application document and registration certificate:
- Assignment of the right of industrial design or model;
- Alteration of the name of applicant, right-holder or body corporate;
- Alteration of the address of applicant, right-holder or body corporate.
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