PATENTS
Patent Law in Cape Verde
The Legislative Decree no 4 of 2007, Industrial Property Code, Title II Chapter II.
Cape Verde Islands is a member of the following international agreements:
* Berne Convention (since 1997)
* WIPO Convention (since 1997)
* WTO/TRIPS (since 2008)
Languages:
Portuguese (official language)
Documents are required for Patent in Cape Verde:
* Power of Attorney (Notarized and Apostille), in Portuguese
* Assignment (Notarized and Apostille), with Portuguese translation (If apply)
* Priority document (if applicable), with verified Portuguese translation.
Cape Verde Patent Registration Procedure
The Patent applications are filed with the office of the Registrar of Patents of Cape Verde.
Examination
The application is subjected to formal examination.
Publication
After the formal examination, if the Registrar is satisfied that the necessary requirements have been met, he shall publish the application.
Opposition
Any interested party can lodge a notice of opposition within two months from the publication of the application.
Duration
The duration of a patent is 20 years.
Annuities
Maintenance fees are payable annually from the first anniversary of the filing date. There is no grace period provided. If the fee is not paid on time, the patent lapses.
Notes: Cape Verde is not a member of the Paris Convention and has not signed any reciprocity agreements as regards the claiming of priority. However, the Cape Verde Patent Office is prepared to recognise priority claims provided the application is filed within 12 months of the first-filed application.
TRADEMARKS
Trademarks Law in Cape Verde
The Legislative Decree No. 4 of 2007, Industrial Property Code of August 20, 2007 and the Ordinance No. 22/2007 of August 27, 2007.
- The Hague Convention abolishing the requirement of legalization of public documents since February 13, 2010.
Cape Verde Islands is a member of the following international agreements:
* Berne Convention (since 1997)
* WIPO Convention (since 1997)
* WTO/TRIPS (since 2008)
Languages:
Portuguese (official language)
Classification
The International Classification of Goods and Services (Nice Classification) is applied. A multi-class registration system is applicable.
Convention priority
Although Cape Verde is not a member of the Paris Convention, provision is made for a claim to priority based on a first application in another country. A priority document with Portuguese translation is to be filed in order to claim the benefit of the priority date.
The following information and documents are required for trademark in Cape Verde:
* Power of Attorney (Notarized and Apostille), in Portuguese
*certificate of incorporation (Notarized and Apostille), with Portuguese translation.
* certified copy of registration certificate in applicant’s home country
* priority document (if applicable), with verified Portuguese translation.
Trademark Registration Procedure in Cape Verde
Filing
The application is filed at the Industrial Property Institute (IGQPI).
Examination
An application is examined on formal and substantive grounds.
Publication
If the mark is found to be registrable, it is published in the Official Bulletin.
Opposition
Opposition may be filed within two (2) months following publication in the Official Bulletin. Extensions are possible. * A reply to the opposition may be filed by the trade mark applicant within
two months of the applicant being notified of the opposition.
* At the applicant or opponent’s request, the above time periods may be extended by one month and the counter-party must be notified accordingly. Further extensions of the above periods can be granted upon request and proper justification by the interested party.
Grant
If not obstacles are found the mark will be registered.
Timeframe
The timeframe from filing to registration is approximately from 18 to 24 months.
Duration
A trade mark registration is effective for an initial period of 10 years from the date of grant, and is renewable for similar periods subject to payment of the prescribed fee.
Use
A declaration of intention to use the mark must be filed every five years from the date of registration.
Cancellation
Any party with an interest in the trade mark may apply for the cancellation of a trade mark registration. * The trademark have not been use for five consecutive years up to a date three months before the application for cancellation.