It is not necessary to register a trademark in the Macao SAR before a person could use it on his products or services. A trademark owner with either a registered or an unregistered trademark may protect the mark under “Action of Unfair Competition” under the “Macao Commercial Code”. An “Action of Unfair Competition” requires proof that the owner enjoyed prior reputation and damage inflicted on to his mark.

However, the registration of a trademark under the “Industrial Property Code” gives an owner the right to prevent third parties from using his mark, or a deceptively similar mark, without the owner’s consent for the products or services for which it is registered. He may also prevent other persons from using the mark in relation to products or services for which his mark is registered or in relation to similar products or services.

Registration therefore gives a right of ownership that is easier to establish than under the “Commercial Code”.