Cape Verde is located on the west coast of Africa, consisting of 10 volcanic islands and 5 small islands. The current trademark regulations are mainly based on the Industrial Property Code promulgated on August 20, 2007. The Cape Verde Intellectual Property Agency is responsible for managing intellectual property affairs, and the official language is Portuguese. The exclusive right to use a trademark is obtained through registration, mainly based on the principle of "application first".
Cape Verde is a signatory to international intellectual property treaties such as the TRIPS Agreement, the Nice Agreement, and the WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the authorities in Cape Verde adopt the Nice Classification 10th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Cape Verde include: text, name, graphics, three-dimensional identification, color combination, sound, etc.
If the applicant does not reside in Cape Verde, 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. Category and specific product items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
5.If priority is declared, priority proof documents and corresponding Portuguese translations must be provided.
The main process for applying for registration of a trademark in Cape Verde is: application acceptance, examination, announcement, approval, and issuance of a certificate. After the application is submitted, the official first conducts a formal review, mainly examining whether the application materials and classification information comply with the regulations. Generally, it takes 1-2 months to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, 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 will be announced; 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.
The objection period is 2 months from the date of the initial review announcement. 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 are no objections or objections are not valid within the announcement, the registration can be approved and a registration certificate can be issued after the objection period ends. In a smooth situation, trademark registration in Cape Verde takes 3-4 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The Cape Verde trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.