Macau Trademark System: A Practical Guide | 7-Year Term, One Class per Application, No Madrid Protocol, Separate from Mainland China

“Since I’ve registered my trademark in China, it should be protected in Macau as well”—this is the common misconception we want you to verify first when consulting us about expanding into Macau.Although Macau is a Special Administrative Region of China, its trademark system is completely independent from both mainland China and Hong Kong. Neither registrations in mainland China nor designations of China under the Protocol Relating to the Madrid Agreement (Madrid Protocol) have any effect whatsoever in Macau.

In this article, based on the provisions of the Industrial Property Law (Decree-Law No. 97/99/M, hereinafter the “Macau Industrial Property Law”), which governs Macau’s trademark system, and the official guidelines from the competent authority, the Economic and Technological Development Bureau (DSEDT), a patent attorney will outline the application requirements, examination process,the unique rule of a 7-year term of protection, official fees, enforcement of rights, and differences from the Japanese system. This content is intended for intellectual property managers at companies considering Macau for the expansion of casino IRs (Integrated Resorts), high-end retail, and food and beverage or cosmetics brands.

1. Overview of the Macau Trademark System—Legal Basis, Competent Authority, and Treaties

The Macao trademark system is established under the Industrial Property Legal System (Regime Jurídico da Propriedade Industrial / Decree-Law No. 97/99/M), which was promulgated on December 13, 1999, toward the end of Portuguese rule.It adopts a “code-based system” that consolidates patents, utility models, industrial designs, trademarks, and geographical indications into a single code, and is strongly influenced by Portuguese law.Following its enactment in June 2000, partial amendments were made in 2001 (Law No. 11/2001) in conjunction with the establishment of the customs organization; however, the basic framework regarding trademarks has not changed significantly since its enactment.

The Intellectual Property Office of the Directorate of Economic and Technological Development (DSEDT: Direcção dos Serviços de Economia e Desenvolvimento Tecnológico) is responsible for applications, examination, and registration.Since it was reorganized in 2021 from the former Directorate of Economy (DSE), it may still be referred to as the “Directorate of Economy” in some older documents. Notices of applications and registration decisions are published in Series II of the Official Gazette of the Macao Special Administrative Region (Boletim Oficial).

Applicable International Treaties

2. A Separate System from Mainland China and Hong Kong—“Registered in China” Is Not Recognized

Even after its handover to China in 1999, Macau has maintained its own legal system under the “One Country, Two Systems” framework, and its intellectual property rights are completely separate on a territorial basis. Trademarks registered with the China National Intellectual Property Administration (CNIPA) are valid only on the mainland and carry no rights in Macau.Conversely, a Macau registration is not valid in mainland China or Hong Kong. The DSEDT has set up a “Special Page on Trademarks in the Mainland and Macau” to explain the differences between the two systems; however, this does not constitute mutual recognition but is limited to a framework for information exchange and personnel exchanges based on CEPA (Closer Economic Partnership Arrangement between Mainland China and Macau).

Therefore, the standard approach to protecting a trademark in the Greater China region is to file separate applications in the four jurisdictions: Mainland China, Hong Kong, Macau, and Taiwan.Although Macau is a small market with an area of approximately 33 square kilometers and a population of about 680,000, it is a tourism and integrated resort (IR) city that attracts some 30 million visitors annually. For brands in the duty-free retail, food and beverage, cosmetics, and hospitality sectors, it serves as a crucial point of contact that “reaches the affluent class in mainland China directly.”Counterfeit goods and fraudulent trademark applications in Macau can directly lead to damage to brand value in the mainland market.

3. Filing Requirements—Agent, Power of Attorney, Language, and “One Application per Class”

Local Agents Are Mandatory for Non-Residents

Applicants who do not have an address, head office, or place of business in Macau must appoint an agent qualified to handle procedures in Macau (a Macau-registered lawyer, an authorized industrial property agent, or a Macau resident or Macau corporation).If an application is filed without an agent, the DSEDT will issue a notice requiring the appointment of one within one month; failure to comply will result in the application being rejected (Articles 20 and 21 of the Macau Industrial Property Law). For Japanese companies, the standard procedure is for a Japanese patent attorney to serve as the point of contact and file the application in coordination with a local agent in Macau.

The power of attorney must be “notarized”

The Macao Government Portal requires that the power of attorney for applications filed through an agent be “duly authenticated” (i.e., one that verifies the principal’s identity and the agent’s authority to act).In practice, a power of attorney notarized by a Japanese notary public—verifying the signatory’s identity and signature—is prepared. Since requirements regarding whether an apostille is needed after notarization vary depending on the local agent’s procedures, confirming this in advance can prevent delays.Compared to the Japan Patent Office, which does not require notarization of powers of attorney at all, this is one of the “more burdensome” aspects of filing in Macau. Generally, the power of attorney does not need to be submitted simultaneously with the application; it can typically be supplemented within a certain period following notification from the DSEDT.

Languages: Chinese or Portuguese

Application documents must be prepared in Chinese (Traditional) or Portuguese, which are the official languages of Macau.English is not accepted; if you submit documents in English or Japanese (such as a priority certificate), a certified translation is required. The applicant’s name and address must also be standardized in either Chinese or Portuguese; inconsistencies in the notation during subsequent renewals or assignment records will result in unnecessary procedures.

On the other hand, regarding the characters included in the trademark itself, Article 198 of the Macao Industrial Property Law stipulates that Portuguese, Chinese, and English are the standard languages; however, this restriction does not apply to trademarks filed by applicants who do not have an address or place of business in Macao. Trademarks containing Japanese characters (kanji, hiragana, and katakana) may also be filed as is by foreign applicants.

One Application per Class—Multi-Class Applications Are Not Permitted

In Macau, only one class may be designated per application (as explicitly stated in the DSEDT FAQ). For example, if you wish to protect both cosmetics (Class 3) and retail services (Class 35), two separate applications are required.While the fact that official fees are charged per class is essentially the same as Japan’s multi-class applications, it is important to note that application numbers, registration numbers, and renewal deadlines are all separate for each class, which can complicate the management of your rights. There is also no system for “series trademarks” (a system for filing multiple variations—such as different colors or typefaces—together); each variation must be filed as a separate application.

4. Examination Process and Timeline—Publication → 2-Month Opposition Period → Substantive Examination

The most distinctive feature of Macau’s examination procedure is that the order is reversed compared to Japan’s. In Japan, the registration gazette is issued after the substantive examination is completed, followed by a two-month opposition period; in Macau, however, the application is published upon completion of the formal examination, and the substantive examination begins only after the opposition period (two months) has ended.This is a “publication-first” system designed to incorporate third-party opinions into the examination process.

The DSEDT states that, provided all requirements are met and no oppositions are filed, the process is typically completed in approximately 6 months from the filing date.Based on the experience of local agents, the process typically takes about 6 to 10 months; however, it may exceed one year if oppositions are filed or multiple correction orders are issued. There is no significant difference compared to trademark examination in Japan (which has taken about 6 to 8 months in recent years), and the process can be said to be about as fast as that in Hong Kong.

If you disagree with a DSEDT decision, you must file a judicial appeal with the Macau Tribunal Judicial de Base within one month of the date the decision is published in the gazette (Articles 275 and 277 of the same law).Unlike Japan’s administrative appeal process against a rejection decision, there is no such stage here; disputes are resolved directly in court. Because the deadline is short, in cases where a rejection is anticipated, you must determine a strategy in advance with your representative.

5. Grounds for Rejection—Absolute Grounds, Relative Grounds, and Well-Known/Famous Trademarks

Absolute Grounds for Rejection (Distinctiveness, Public Order and Morals, etc.)

Article 199 of the Macau Industrial Property Law excludes the following from protection: (1) shapes arising from the nature of the goods themselves, shapes necessary to achieve a technical effect, and shapes that confer substantial value on the goods; (2) descriptive marks indicating the type, quality, quantity, intended use,value, place of origin, or time of production; (iii) signs that have become customary in trade; and (iv) a color used alone. However, Article 214(3) explicitly states that points (ii) and (iii) do not constitute grounds for refusal if the sign has acquired distinctiveness through use.

Furthermore, Article 9 of the Act lists “general grounds for refusal,” including violations of public order and morals; cases where the applicant is deemed to intend to engage in unfair competition (or where unfair competition may arise regardless of intent); violations of the rules governing the attribution of rights; and deficiencies in documentation or failure to pay fees.This “unfair competition” provision serves as the basis for rejecting so-called “impersonation applications” (applications that attempt to appropriate another party’s brand).Even if a trademark is registered in Japan, it is possible that a Macau examiner may deem it descriptive from the perspective of Chinese or Portuguese; therefore, we recommend obtaining a preliminary assessment from a local agent regarding the distinctiveness of foreign-language trademarks.

Relative Grounds for Rejection (Conflict with Prior Trademarks)

Trademarks that are identical or similar to another party’s previously registered trademark, in relation to the same or similar goods and services, will be refused if there is a likelihood of confusion or association (Article 214, Paragraph 2(b) and Article 215 of the Act).The framework for determining similarity is similar to that in Japan: it involves a comprehensive assessment of “appearance, pronunciation, and concept (graphic, denominative, design, and phonetic similarities),” and a mark is deemed similar if it cannot be distinguished without careful comparison.However, since pronunciations in Portuguese, Chinese, and English are compared on an equal footing in Macau, conflicts that would be difficult to anticipate in Japan—such as a Japanese romanized spelling sounding similar to a prior trademark when read in Portuguese—may arise.

If a conflict with a prior trademark is pointed out, while there is no explicit provision equivalent to Japan’s “consent system,” in practice it may be possible to obtain registration by submitting a Letter of Consent from the prior rights holder. Since handling varies on a case-by-case basis, consultation with a local agent is necessary.

“Application by the Owner” Is a Prerequisite for the Protection of Well-Known and Renowned Trademarks

In Macau, trademarks that constitute a reproduction, imitation, or translation of a well-known trademark will be refused for identical or similar goods and services (Article 214, Paragraph 1(b) of the same law).Furthermore, with regard to trademarks that enjoy high prestige in Macau, registration will be refused even for dissimilar goods and services if there is a risk of unfairly taking advantage of, or damaging, the trademark’s distinctiveness or prestige (Article 214, Paragraph 1(c) of the same Act).This protection corresponds to Article 4, Paragraph 1, Items 10, 15, and 19 of the Japanese Trademark Act.

6. Term of Validity: 7 Years; Renewal; Cancellation for Non-Use

Term of Protection: “7 Years from the Date of Registration”

While most countries worldwide adopt a 10-year term of protection, Macau has established its own unique term of 7 years from the date of grant (Article 218, Paragraph 1 of the Macau Industrial Property Law).The fact that the term begins on the date of grant—rather than the filing date—also distinguishes Macau from Hong Kong (where the term begins on the filing date) and mainland China (where it begins on the date of publication of the registration). Renewal is possible every 7 years an unlimited number of times, and there is no time limit as long as the right is maintained.

Applications for renewal must be filed within six months prior to the expiration date (Paragraph 2 of the same Article). Even after the expiration date, renewal is possible within six months by paying a surcharge; however, if this period is also missed, the right expires (Article 41, Paragraph 1 of the same Law).A registration that has lapsed due to non-payment of fees may be reinstated (revalidated) by paying three times the original fee, but only within one year of the expiration date; however, it cannot be asserted against rights acquired by third parties during that period (Paragraphs 2 and 3 of the same Article).Although the structure is nearly identical to that of renewals in Japan (surcharge-based renewal from 6 months before expiration to 6 months after), it is essential to correctly set the 7-year cycle in the management ledger. If managed with the assumption of a 10-year cycle, the registration will certainly expire.

Subject to Cancellation After 3 Years of Non-Use

If there is no “sincere use” for three consecutive years without just cause, any interested party may request the DSEDT or a court to declare the registration forfeited (Section 231(1)(b) of the same Act).As with Japan’s proceedings for cancellation due to non-use, the burden of proof regarding use lies with the rights holder; failure to prove use will result in a finding of non-use (Article 232, Paragraph 5 of the same Act). Furthermore, even if use is hastily commenced or resumed after learning that a request for cancellation is pending, any use occurring within three months prior to the request will not be taken into account (Paragraph 4 of the same Article).

“Genuine use” includes use by the right holder or a registered licensee in accordance with the registered form (minor differences that do not alter the distinctive character are permitted), use on goods intended solely for export, and use by a third party under the right holder’s control (Article 232, Paragraph 1 of the same Act).Since a license must be recorded with the DSEDT in order to claim a licensee’s use as the rights holder’s use, please be sure to record the license agreement when allowing Macau sales agents or hotel operators to use the trademark.

7. Estimated Costs—Office Fees and Local Agent Fees

Macau’s official fees are quite low by global standards. The main official fees (in Macau Pataca: MOP) listed on the Macau government portal are as follows. For conversion purposes, 1 MOP is roughly equivalent to 18–19 yen (as of September 2026; exchange rates are subject to fluctuation).

Even when compared to a Japanese trademark application (1 class: application fee of 3,400 yen + 8,600 yen, registration fee for 10 years of 32,900 yen), the official fees alone are roughly the same or lower.The actual cost is determined by local agent fees, notary fees for the power of attorney, and translation fees; it is generally expected to total approximately 150,000 to 250,000 yen per class. Since the number of applications increases proportionally with the number of classes, the key to cost management is to first narrow down “which classes cover the goods and services to be protected.”If you intend to claim priority, a certified translation of the priority document is required separately.

8. Enforcement of Rights—Civil, Criminal, and Customs

The owner of a registered trademark may enjoin a third party from using, in the course of business, a mark that is identical or similar to the registered trademark and that is likely to cause confusion or association with respect to the same or similar goods and services (Article 219 of the Macau Industrial Property Law).There are three avenues for enforcing rights: civil, criminal, and customs; all require prior registration (or at least a pending application) in Macau.

Criminal penalties include “imprisonment for up to three years.”

Counterfeiting or imitating a registered trademark, using a well-known trademark (for which an application has been filed in Macau), or free-riding on a renowned trademark—if done for commercial purposes to obtain unlawful profits without the rights holder’s consent—is punishable by imprisonment for up to three years or a fine of 90 to 180 days’ worth of daily fines(Article 291 of the same law). Anyone who sells, distributes, or conceals counterfeit goods while knowing they are counterfeit is also subject to imprisonment for up to six months or a fine equivalent to 30 to 90 days’ wages (Article 292 of the same law).In Macau, enforcement through criminal prosecution has proven to be an effective measure and is utilized to combat counterfeit goods in duty-free shops and souvenir stores within casino resorts.

Border Control Measures by Customs

Macau Customs (Serviços de Alfândega) has the authority to stop the import and export of goods infringing on intellectual property rights, and in 2024, it seized over 2,000 counterfeit items (including cigars, accessories, and clothing) throughout the year.Here, too, the principle is that “Customs can take action only regarding rights registered in Macau”; it will not act on registrations from mainland China or Hong Kong. For a licensee to be involved in the proceedings, the license must be recorded with the DSEDT.

9. Comparison with Japan’s Trademark System

10. Checklist of Practical Considerations

• Do not assume protection is guaranteed just because the trademark is registered in Mainland China or Hong Kong. A separate application is required for Macau, and the Madrid Protocol cannot be used there. Consider the four regions of the Greater China area (Mainland China, Hong Kong, Macau, and Taiwan) as a single package
• File your application before entering the market. Since the system follows the first-to-file principle and “filing your own application” is a prerequisite for the protection of well-known trademarks, responding to fraudulent applications after the fact can be costly
• Narrow down the classes. Since each application is limited to one class, the number of classes directly corresponds to the number of applications and the number of rows in your management ledger
• Arrange for the notarization of the power of attorney (plus an apostille, if necessary) well in advance. Including the documentation certifying the signatory’s authority, this process can take 2–3 weeks in Japan.
• Consider registering the trademark in Traditional Chinese as well. Since consumers in Macau and visitors from mainland China recognize brands by their Chinese names, relying solely on Japanese and English names will not prevent imitation in Chinese.
• Register the renewal cycle as “7 years” in the registry. If managed as 10 years—the standard in other countries—the registration will expire
• Maintain evidence of use. The trademark is subject to cancellation for non-use three years after registration. If you license the trademark to local agencies or hotels, have the license recorded with the DSEDT.
• The deadline for appealing a rejection is one month. Since there is no administrative review and the case proceeds directly to court, establish your strategy in advance.
• Countermeasures against counterfeit goods require prior registration in Macau. Neither customs nor criminal proceedings will take action unless the trademark is registered (or an application filed) in Macau.

11. Frequently Asked Questions (FAQ)

Q1. If I have a trademark registered in China, am I protected in Macau as well?

No, you will not. Macau has a trademark system independent from mainland China and Hong Kong, and registrations with the China National Intellectual Property Administration (CNIPA) have no effect in Macau. To obtain protection in Macau, you must file an application directly with the Bureau for Economic and Technological Development (DSEDT).

Q2. Can I designate Macau under the Madrid Protocol (international registration)?

No. China’s accession to the Protocol to the Madrid Agreement does not extend to Macau, so even if you designate “China” in an international registration, its effect is limited to the mainland. Applications for Macau must be filed directly through a local agent.

Q3. What is the term of protection for a Macau trademark?

The term is 7 years from the date of registration and can be renewed indefinitely every 7 years. Renewal applications must be filed within 6 months prior to expiration; if filed within 6 months after expiration, a surcharge applies. Since this cycle differs from Japan’s 10-year term, careful management of deadlines is essential.

Q4. Can I designate multiple classes in a single application?

No. Macau operates on a “one application per class” system; if you wish to seek protection in multiple classes, you must file separate applications for each class. The official fee is MOP 1,000 (approximately 18,000 to 19,000 yen) per class.

Q5. How long does it take from filing to registration?

The DSEDT states that, provided all requirements are met and no oppositions are filed, the process takes approximately 6 months from filing. Since the application is published after formal examination and enters substantive examination only after a 2-month opposition period, the practical timeframe is typically around 6 to 10 months.

Q6. Can I file a Macau application through a Japanese patent attorney?

Yes, you can. While applicants without a residence in Macau are required to appoint a local agent, the standard procedure is for a Japanese patent attorney to act as the point of contact, coordinate with the local agent, and handle everything—from class design and arranging for the notarization of the power of attorney to reviewing Chinese-language wording and managing deadlines—all in one package.

12. Summary

The Macau trademark system is characterized by the following: (1) It operates under a separate system from mainland China and Hong Kong and does not utilize the Madrid Protocol; (2) Each application covers one class and must be filed in both Chinese and Portuguese;③ it is a publication-based system with a two-month opposition period; ④ the term of protection is seven years from the date of registration; ⑤ it is subject to cancellation for non-use for three years; and ⑥ protection of well-known trademarks is contingent upon the owner having filed their own application—making it a system with many “must-know” points that can lead to failure if overlooked, despite its small market size.On the other hand, official fees are low, the examination process is relatively fast, and customs and criminal enforcement mechanisms are well-established. When formulating a brand strategy for the Chinese-speaking region, we recommend incorporating Macau as the “fourth region”—alongside the mainland, Hong Kong, and Taiwan—into your plan from the very beginning.

Recommended Reading

• [Explanation by a Patent Attorney] A Comprehensive Guide to Hong Kong’s Trademark System | Are Chinese Trademarks Insufficient for Protection? Can the Madrid Protocol Be Used?
• Explanation of the Chinese Trademark System (Guide for Japanese Companies)
• Practical Guide to the Taiwan Trademark System
• [Supervised by a Patent Attorney] What Is an International Trademark Application (Madrid Protocol)? A Thorough Explanation of Costs, Benefits, and the Application Process

Sources and Reference Materials

• Industrial Property Code – Decree-Law No. 97/99/M (Macau Industrial Property Legal System, DSEDT English Translation): https://www.dsedt.gov.mo/public/docs/LR/legislation/en/DL97-99-e.pdf
• Decree-Law No. 97/99/M: Macau Industrial Property Legal System (Provisional Translation by JETRO): https://www.jetro.go.jp/ext_images/world/asia/hk/law/pdf/DL97-99_jp.pdf
• PS-1314 Trademark Registration – Application for Registration/Renewal (Macau Special Administrative Region Government Portal): https://www.gov.mo/en/services/ps-1314/ps-1314a/
• Intellectual Property FAQ (Economic and Technology Development Bureau, DSEDT): https://www.dsedt.gov.mo/en/web/public/pg_ip_faq
• Special Page on Trademarks in Mainland China and Macao (DSEDT): https://www.dsedt.gov.mo/en_US/web/public/pg_ip_sctmm
• Decree-Law No. 97/99/M (WIPO Lex · Amendment History): https://www.wipo.int/wipolex/en/legislation/details/3057
• Macau Trademark Registration Process (Mondaq, 2024): https://www.mondaq.com/trademark/1453916/macau-trademark-registration-process
• Key Things to Know about Intellectual Property in Macau (MdME Lawyers): https://www.mdme.com/en/knowledge/key-things-to-know-about-intellectual-property-in-macau/22136/

*This article is based on the provisions of Macau’s Industrial Property Legal System (Decree-Law No. 97/99/M), official guidance from the Bureau of Economic and Technological Development (DSEDT) and the Macau Special Administrative Region Government portal, as well as publicly available materials from local law firms. It is intended to provide general information as of September 2026.Fees, exchange rates, and examination periods are subject to change. We recommend consulting with a professional for specific advice regarding individual cases.

AUTHOR / Author

Takefumi Sugiura (SUGIURA Takefumi)

EVORIX Intellectual Property Firm, Managing Patent Attorney

Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—with everything from patent, trademark, design, and copyright applications to appeals and infringement litigation.He is also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. He is a member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).

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