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Angola (AO)

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07-14-2015 (Newsletter Issue 11/15)
TM Owners Need to Re-Submit Documents
The Angolan Institute of Industrial Property (IAPI) informed that a substantial backlog has accumulated since the implementation of Angola’s IP law in 1992, and in an effort to address this, the Director General has initiated a restructuring programme.

A notification has been issued to owners of pending and registered trade marks with an allotted official number from 0001 to 5000.

Trade mark owners must re-submit the following documents for the purpose of updating the official files at the Registry:
1. Photocopies of the official filing forms, which include copies of the application as filed, together with copies of any requests for renewal and/or any subsequent changes of ownership.
2. Power of attorney, incorporating a verified Portuguese translation, legalised up to an Angolan Consul.
3. A certificate of incorporation/extract from the Commercial Register with verified Portuguese translation legalised up to an Angolan Consul.
IAPI has confirmed that photocopies of the legalised supporting documentation will be accepted provided that the authentication stamp is visible.

IAPI will also accept copy documents originally legalised by Apostille in accordance with the practice at the time of the original filing.

All documents are to be submitted by September 28, 2015. Failure to comply may lead to the invalidation of the trade mark(s).

Source: Spoor & Fisher, South Africa


Legal basis is the Industrial Property Act, Law no 3/92 of 1992, Chapters IV – VII, in force since 28 February 1992.
Angola is a member of Paris Convention (since 2007), Patent Cooperation Treaty (since 2007), WIPO Convention (since 1985) and WTO/TRIPS (since 1996).
Angola is not a member of the Madrid Agreement or the Madrid Protocol.
Trademark protection is obtained by registration. No express provision is made for well-known marks.
Nice classification, 11th edition.
Each Angolan trademark application can cover only five items. Additional charges must be paid for every extra item.
Word or device marks, as defined in Article 31 of the Industrial Property Act, Law no 3/92 of 1992, may be registered. They include a sign or a set of signs that are visual, nominative, figurative or emblematic. The sign or set of signs should make it possible to distinguish the products or services of an enterprise from other identical or similar signs. The signs may be patronymics, geographical names, arbitrary or fanciful names, monograms, emblems, figures, ciphers, labels, combinations or arrangements of colours, designs, photographs or seals.
The Act also refers to industrial, trade and service marks without, however, defining these types of marks.
Express provision is made for the registration in a single registration of a series of marks from the same enterprise or establishment, whether the same or different from one another, and irrespective of the indication of products. No express provision is made for defensive marks.
Chapter IV of the Industrial Property Act, Law no 3/92 of 1992 also provides for the registration of collective marks. As such collective marks are marks which are used by economic groups with the aim to distinguish the products manufactured or sold or the services which are provided by each one of the members of the group.
The application is filed at the Angolan Institute of Industrial Property (IAPI). The application must be in a form of a request, drafted in the Portuguese language.
A separate application has to be filed for each class.
A notarised power of attorney authenticated by an Angolan Consulate is necessary.
If the applicant is a company, a certified copy of the certificate of incorporation (legalised)/ extract from the Commercial Register, legalised by the Angolan Consulate together with a Portuguese translation thereof is needed.
Further, details of the mark and the prints of the mark is required.
In case priority is claimed, a certified copy of home application or the registration with a sworn Portuguese translation.
Foreign applicants do not need a domestic registration but they need a local agent,
An application is examined for inherent registrability, and for possible conflict with prior registrations or pending applications.
Trademark applications are published for opposition purposes in the Official Gazette prior to examination. Once the opposition term expires uneventfully, applications are examined. Thereafter, a notification of grant is advertised in the Official Gazette.
The approximate time frame for completing the registration process of a trademark in Angola is from 24 months to 48 months.
National:
The opposition period is 2 months from the publication date of the application.
A trademark registration is valid for 10 years from date of filing of the application. The registration is renewable for periods of 10 years on payment of the prescribed fee.
The renewal fee may be paid within 4 months after the expiry of the term. If the renewal is not paid in time, the registration lapses. Revalidation of the mark may be requested within a period of one year from the end of the period of protection, if valid reasons can be shown for the failure to renew.

Further practical details are available in our publication on this topic here
A trademark must be used in order to avoid cancellation. However, there is no mention of a specific time period within which use is to take place. The law merely provides for cancellation in the case of non-use in consecutive years, unless force majeure can be proved. An intent-to-use application can be filed.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is AOA 2,794.00 in one class and AOA 440.00 for each good or service after the first five. The grand and Registration certificate fee is AOA 6,045.00

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 400,00 € 360,00 € 
Word Mark Search (identical) 360,00 € 320,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
08-24-2016
IPvocate Africa Law Firm Cabinet d’Avocats, Mauritius, Mauritius

10-22-2013
Adams & Adams, Pretoria, South Africa



Angolan Institute of Industrial Property (IAPI)
Rua Cerqueira Lukoki No. 25
6 andar
Caixa Postal 3840
Luanda
Angola
Tel +244 912 028 509
Fax +244 222 336 428
Mail barros_licenca@yahoo.com.br
www.mgm.gov.ao
Further fon numbers:
+ 244 222 004 991
+ 244 923 404 355
+ 244 923 756 145

Copies to: anapaulabolivar@yahoo.com.br

Mrs Ana Paula Miguel Bolivar, Director-General