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Separate the earlier date from the filing route
Priority is a claim linked to the earlier filing date under the stated conditions. Check the exact Portuguese filing date if you want that claim. Losing that window does not, by itself, establish that the described international route is unavailable.
For the Madrid workflow described, you need an existing Portuguese application or registration. INPI checks the international request against it. Identify the owner, mark and goods/services and choose the countries and route; INPI’s own rights are valid only in Portugal. The page also distinguishes direct national and EU routes.
Include the U.S. declaration and describe the status accurately
For an international request seeking American protection, the page specifically names the “Declaration of intention to use the mark—United States of America”. Do not assume the basic international request is the only document.
If a Portuguese brand is negotiating American exclusivity before filing, it must distinguish a proposed or pending application from an issued U.S. right. Ownership, prior-right conflicts, eligibility and examination remain real questions; neither a designation nor the declaration guarantees a grant.
Scope
- The official service page was updated 30 July 2026 and interpreted with AI assistance. Current eligibility, fees, prior rights, actual use and U.S. examination are not determined; no mark is cleared or filing made.
Next step
Check the basic Portuguese mark and priority date, then confirm the U.S. declaration and appropriate filing route.
Sources & review notes
Portuguese Ministry of Justice / INPI
Passage, dates and research notes
official-guidance · Territory; basic Portuguese application; U.S. declaration; priority period
Os direitos atribuídos pelo Instituto Nacional da Propriedade Industrial (INPI) só são válidos em Portugal.
Full substantive Portuguese official service page read, marked updated 30 July 2026. AI-assisted English summary. It distinguishes direct national, EU and Madrid requests; names the Portuguese basic application/registration, U.S. intention-to-use declaration and six-month priority claim. This is a filing route, not a U.S. grant/clearance decision. Update date is not an identified publication date.
Detailed rule records (1)
The current INPI service page limits Portuguese rights to Portugal and describes national/EU/Madrid routes. For its international route, retain a Portuguese application/registration, designated countries and matching request, including the named U.S. intention-to-use declaration when designating the U.S. A priority claim from the Portuguese filing has a six-month window.
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