Portugal’s trademark professionals are still acclimatising to the recent changes to the country’s IP code. That invalidation proceedings can now be heard the level of the IP office is undoubtedly a welcome progression – despite initial concerns about understaffing, some of its decisions have been complimented for their speed and quality. Another plus is the introduction of non-traditional marks. However, the new five-year deadline for cancellation of a trademark has been criticised; as has the lack of specialised judges in the Portuguese courts.
Full-service firm Abreu Advogados provides 360-degree protection for some of the world’s biggest brands, including Boehringer Ingelheim, Marriott International and global medical company Alcon. The key contacts for many of these – partner César Bessa Monteiro Jr and senior associate Ana Panão – provide insightful advice alive to industry issues and never let their clients down. Monteiro Jr is at his best in commercial IP settings and really knows the business of brands; while WTR 1000 debutante Panão shines in litigation and dispute resolution. One of the best-rounded practitioners on deck is Ricardo Henriques, a “highly responsive and wonderfully collaborative lawyer who understands the intricacies of Portuguese legislation and knows how to approach each case strategically”. He has lately fielded anti-counterfeiting instructions from Google and Calvin Klein. António Andrade is also noteworthy for his versatility and litigates with poise across the IP spectrum. Manuel Durães Rocha brings something special to the table as a top negotiator and “one of the country’s finest lawyers”: “He has a calming presence and a friendly character, and presents his solutions in a way that inspires confidence.” The group would not be where it is today without César Bessa Monteiro, “a highly respected practitioner and trusted confidant for many leading companies”.
“Extremely proactive, well-qualified and intelligent”, BMA’s trademark experts form “one of the best Portuguese brand groups”. “Their advice is well considered in light of the very latest European trademark trends and developments, and helps achieve clients’ short and long-term commercial goals.” Anchoring the practice are litigators Paulo Monteverde, Filipe Baptista and Hugo Monteiro de Queirós. “Attentive to detail and remarkably wise”, Monteverde handles both routine and out-of-the-ordinary IP problems with brio Fresh faces in the WTR 1000 for 2021, Baptista and de Queiros impress at every turn. Baptista is “a seasoned professional whose meticulous counsel reliably delivers desired outcomes”. An influential voice on the market, he has held numerous positions of responsibility in Portuguese and international IP associations. Queirós’ star is in the ascendant: he recently handled an important case at the Lisbon Court of Appeal, securing a finding that Portuguese trademark BELCANTO, used by the famous Belcanto restaurant, was a well-known trademark, and that use of the mark by a wine company constituted an unlawful attempt to take advantage of its goodwill.
CCA Law Firm
CCA’s “modern, non-traditional approach to matters” earns it a WTR 1000 berth for 2021. The firm has an exceptionally high degree of specialisation in copyright law, but is also proficient in trademarks; across the brand lifecycle, it shows great dexterity in protection, licensing and litigation scenarios. With a “straight-to-the point attitude which saves time and money”, partner Felipe Meyer is the difference maker. Recent highlights include overseeing a major IP strategic planning project for COLEP, a leader in the personal care, cosmetics and healthcare sector.
ClarkeModet’s USP is its extensive international footprint, which facilitates the efficient disposal of multi-jurisdictional trademark prosecution and enforcement tasks across Latin America, Spain, Portugal and Lusophone countries. In Portugal, it maintains an accomplished team that produces error-free prosecution and negotiates astutely to overcome obstacles to protection. The firm kickstarted 2020 by bringing the experienced Maria Cruz Garcia on board. Hailed as an “energetic lawyer who shows enthusiasm and initiative in providing clear, pragmatic advice and strategic solutions”, she serves as a key relationship partner in her senior global account manager role.
The Lisbon office of CMS gives clients full coverage when it comes to public, corporate, tax, employment, disputes and IP law. Its trademark experts capitalise on this – and on the firm’s vast international resources – to deliver robust protection and considered strategic counsel informed by an understanding of how brands work in their business settings. Venerable managing partner José Luís Arnaut can provide the right answer to just about any legal query going. Technical consultant Miguel Quintans is another name for the contact book; he specialises in intellectual property and is an adept portfolio manager.
Garrigues seamlessly solves the most difficult, multi-layered IP puzzles, thanks to its large, specialised and cosmopolitan team, which combines broad expertise with deep industry knowledge. The stars of the show in Lisbon are João Miranda de Sousa and Francisca Ferreira Pinto, who receive widespread praise from commentators. “De Sousa is one of the most valuable contacts to have in the Portuguese market. He owns his clients’ issues and is committed in his role as a strategic business partner. He maintains a pragmatic approach while demonstrating extraordinary technical skill.” “Pinto works hand in hand with clients in a way that brings comfort when important decisions need to be made. She conducts high-quality and in-depth analyses of each case, and knows how to protect portfolios and maximise asset value globally.” Forming a dynamic partnership, they recently handled brand registrations and oppositions for UEFA, strategically managed the worldwide portfolio of Grupo Nabeiro and gave full-bodied IP support to many others.
A repository of trust both in Portugal and in Africa – where it has offices in Angola, Mozambique and Nigeria – Inventa International provides incisive guidance on prosecution, brand strategy, litigation and anti-counterfeiting. Extremely client focused, the ensemble maintains a streamlined set-up underpinned by sophisticated technology; it also contributes much to the advancement of IP law and practice in its jurisdictions for the benefit of all stakeholders. Legal director Vitor Palmela Fidalgo sets the pace for a young and enthusiastic team. An efficient coordinator of the practice, he is also a deep thinker on international brand strategy. Lately he has been busy acting for Xiaomi in oppositions and domain name disputes, and for TAP Air Portugal in securing European trademarks.
Portuguese IP stalwart J Pereira da Cruz has afforded brand owners a refined trademark service for more than 70 years. At the forefront of a sizeable team are João Pereira da Cruz and Nuno Cruz, both of whom hold prominent positions in the country’s leading IP associations – the former as president of the Portuguese Association of Intellectual Property Consultants and the latter as chairman of the Intellectual Property Commission of ICC Portugal. Managing partner Pereira da Cruz is a seasoned expert who has elevated the IP discussion in Portugal for many years; so too Cruz, a “constant presence in the most important IP proceedings and a lawyer who really knows his business”.
Morais Leitão, Galvão Teles, Soares da Silva & Associados
Ascending to the WTR 1000 gold tier this year, Morais Leitão is a proven performer at the highest level of trademark practice. Active through all phases of the brand lifecycle, its IP team collaborates closely with other departments to provide rights holders with tailored solutions no matter what comes up. No stranger to protecting high-profile marks, the set serves as Cristiano Ronaldo’s trademark counsel and manages the portfolio of and directs strategy for CR7, one of the world’s top brands of Portuguese origin. Taking the lead on this is popular captain of the side Vasco Stilwell d’Andrade. “Vasco is unbelievably efficient in his work, swift in his replies and accurate in his assessments. He understands clients’ business models and needs, and comes up with outside-the-box strategies that line up well with commercial objectives.”
RCF – Protecting Innovation
Throughout its 90-plus year history, Raul César Ferreira has been a staunch ally of Portuguese and international innovators and brands. The forward-looking firm understands the business criticality of intellectual property and puts its shoulder to the wheel to protect and enhance clients’ rights. On offer is a complete range of search, surveillance, portfolio management, disputes and transactional services. Proficient in six languages, Pedro Alves Moreira is a central point of contact for international companies.
Sérvulo & Associados
Following its May 2019 integration of AVA, Sérvulo & Associados earns WTR 1000 recognition for the first time this year. The outfit provides a well-rounded brands service to diverse clients; but worthy of special mention is its support of high-technology players, whose total IP needs it meets through its specialised Intellectual Property Clinic. Leadership duties fall to Ana Rita Painho whose rich knowledge of Portugal’s legal and regulatory framework is a boon to many pharmaceutical, food and beverage and other businesses. Her disclosable clients include winemaker Pêra-Grave – Sociedade Unipessoal, for which she recently filed trademark annulment claims at the Lisbon IP Court and EUIPO. Painho is also a go-to correspondent for one of the world’s leading international IP firms. Joining her in the guide for the first time this year is Mariana Costa Pinto, who has deep dispute resolution expertise. The two of them pair up extensively and to great effect.
The detail-oriented advice and personalised, cost-effective service of Simões, Garcia, Corte-Real & Associados have won it loyal fans among the brand owner community. “It keeps trademark portfolios in the best of health and the quality of the work is unimpeachable.” António Corte-Real, João Luís Garcia and José Raúl Simões set the standard. “An esteemed professional in the trademark space, Corte-Real commands respect thanks to his extremely high level of expertise.” The seasoned partner knows what it takes to win court cases and resolve disputes by other means, and has an outstanding track record to show for it. “Garcia is characterised by his professionalism, dedication and reliability. His prosecution and enforcement counsel is always rooted in the interests of the client, and he shows remarkable adaptability when situations become complex.” Simões is another veteran litigator and enforcer, whose contentious experience informs his general IP counsel.
With more than 300 lawyers on hand across 13 jurisdictions, VdA is well equipped to assist clients at an international level. When it comes to intellectual property, the innovation-focused firm is best known for its patent litigation prowess, though its handling of trademark-related matters – from infringement to brand strategy – is also assured. António de Magalhães Cardoso fulfils several important roles, serving as senior partner in the dispute resolution group, head of IP litigation and co-head of the IP transactions practice. International companies make a beeline to him as a member of the country’s IP elite.
Other recommended expertsGonçalo de Sampaio of JE Dias Costa Lda is a well-respected name in the market, as reflected by his presidency of AIPPI’s Portuguese group. Yolanda Busse Oehen Mendes & Associados’ Manuel Oehen Mendes has an impressive CV full of notable academic and authorship achievements and practical commercial and IP law experience. João Paulo Mioludo is a “fair and reputable opposing counsel with strong personal qualities”. The IP and life sciences expert recently joined SRS Advogados. At PLMJ, which she joined in 1986, poised litigator Ana Teresa Pulido has fought and won notable cases across the IP spectrum.
- José Luís Arnaut - CMS Portugal
- António Corte-Real - Simões, Garcia, Corte-Real & Associados
- Maria Cruz Garcia - Clarke Modet
- João Luís Garcia - Simões, Garcia, Corte-Real & Associados
- João Miranda de Sousa - Garrigues
- Paulo Monteverde - BMA
- João Pereira da Cruz - J Pereira da Cruz SA
- Vasco Stilwell d’Andrade - Morais Leitão, Galvão Teles, Soares da Silva & Associados
- António Andrade - Abreu Advogados
- Filipe Baptista - BMA
- César Bessa Monteiro Jr - Abreu Advogados
- Nuno Cruz - J Pereira da Cruz SA
- António de Magalhães Cardoso - VdA
- Gonçalo de Sampaio - JE Dias Costa Lda
- Manuel Durães Rocha - Abreu Advogados
- Francisca Ferreira Pinto - Garrigues
- Vitor Palmela Fidalgo - Inventa International
- Ricardo Henriques - Abreu Advogados
- Manuel Oehen Mendes - Yolanda Busse Oehen Mendes & Associados
- Ana Rita Painho - Sérvulo & Associados
- Ana Panão - Abreu Advogados
- Ana Teresa Pulido - PLMJ
- Miguel Quintans - CMS Portugal
- José Raúl Simões - Simões, Garcia, Corte-Real & Associados
- Mariana Costa Pinto - Sérvulo & Associados
- João Paulo Mioludo - SRS Advogados
- Pedro Moreira - BMA
- Pedro Moreira - RCF – Protecting Innovation
- César Bessa Monteiro - Abreu Advogados