African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Republic of the Congo
Rwanda
Saint Helena
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
Somaliland
South Africa
South Sudan
Sudan
Tanzania
Togo
Tunisia
Uganda
Western Sahara
Zambia
Zanzibar
Zimbabwe
Trade Mark
Patent
Design
Cape Verde
Forms part of
OAPI
ARIPO
International Arrangements
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.
Classification
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.
Registration Procedure
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.
Common Law and Well-Known Trade Marks
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.
Duration of Registration, Renewal and Non-Use
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 Recordal
Customs recordals are not possible.
Forms part of
OAPI
ARIPO
International Arrangements
Cape Verde is not a member to the Paris Convention or the PCT.
Types of Patents
Patents of invention.
Novelty Requirements
Absolute novelty.
Grace Period/Prior knowledge excused
No grace period is applicable.
Examination procedure
Both formal and substantive examination is conducted.
Duration and Maintenance
A patent has a duration of 20 years from the date of filing.
Working requirement
There are no working requirements.
Forms part of
OAPI
ARIPO
International Arrangements
No international conventions/treaties apply in this jurisdiction.
Types of Designs
A design may be obtained for the whole or partial appearance of any product consisting of lines, colours, shape, texture or material of the product itself and of its decoration.
Classification
No classification provision is made in the national legislation of Cape Verde.
Novelty Requirements
Absolute novelty.
Grace Period/Prior knowledge excused
A 12-month grace period is applicable where the design was disclosed by the inventor or a third party or at an internationally recognised exhibition.
Examination procedure
Formal and substantive examination is conducted.
Duration and Maintenance
A registered design has a duration of 25 years from the filing date and is initially registered for a 5 year period and may be renewed for another four 5 year periods.
Working requirement
No working requirement applicable.
10th edition