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Trade Mark Services & Trade Mark Lawyers
Forms part of
Not a member of PCT or Paris convention, only member of WTO/TRIPS, patent and design protection only available by national filing
Cape Verde is not a party to the Paris Convention for Protection of Industrial Property, however, it is possible to claim priority under the Paris Convention.
Cape Verde follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. It is possible to oppose a trade mark within 2 months of the date of publication.
Cape Verde is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Cape Verde.
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs recordals are not possible.