The current trademark regulations in Angola are mainly based on the Industrial Property Law enacted on February 28, 1992. The Angola Trademark Office is responsible for managing trademark affairs and the official language is Portuguese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Angola follows the principle of "registration first".
Angola is a contracting party to international intellectual property treaties such as the Paris Convention, WIPO Convention, and TRIPS Agreement, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the Angola Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, and does not accept applications for multiple categories in one form. Starting from the 6th item of each category, an additional official fee must be paid for each additional item. The elements that can be registered as trademarks in Angola include: distinctive text, graphics, letters, numbers, etc.
If the applicant does not reside in Angola, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized and authenticated;
5. Business license needs to be notarized and authenticated;
6.If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Angolan trademark is: application acceptance formal examination announcement substantive examination approval issuance. After about one month of application submission, the examiner will conduct a formal examination of the application, mainly examining whether the trademark application and classification information comply with the regulations. After the examination is completed, an announcement will be arranged, and the opposition period is two months from the announcement date. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or the objection is not established during the announcement period, the Trademark Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
If everything goes smoothly, trademark registration in Angola will take about 3 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The Angola trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 4 months; The renewal is valid for 10 years.
The revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations.
2. Malicious registration.
3.If a trademark is not actually used in that country for two consecutive years after registration, anyone may apply for revocation; Except for force majeure.