Cape Verde

Trade Mark Services & Trade Mark Lawyers

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
NA
NICE CLASSIFICATION

10th edition

Not a member of PCT or Paris convention, only member of WTO/TRIPS, patent and design protection only available by national filing

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.

Patent

Forms part of

No
ARIPO
No
OAPI
No
PARIS CONVENTION
No
PCT
Not a member of PCT or Paris convention, only member of WTO/TRIPS, patent and design protection only available by national filing

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.

Design

Forms part of

No
ARIPO
No
OAPI
No
PARIS CONVENTION
Not a member of PCT or Paris convention, only member of WTO/TRIPS, patent and design protection only available by national filing

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.