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Cape Verde (CV)

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Okt 14, 2014 (Newsletter Issue 15/14)
Merge of IP Office and Quality Management Institute
The government of Cape Verde has merged its Quality Management Institute (IGQ) and the Intellectual Property Institute (IPICV) to form the Quality Management and Intellectual Property Institute (“Instituto de Gestão da Qualidade e da Propriedade Intelectual” or only “IGQPI”).

This new office will handle with issues related to industrial property and copyrights and supervise the quality of products and services in Cape Verde.

Source: www.inventa.com


Legal Basis is the Decree-Legislative Nº 4/2007 of August 20, 2007 and the Ordinance No. 22/2007 of August 27, 2007.
Cape Verde is a member of the:
- Convention establishing the World Intellectual Property Organization since July 7, 1997
- TRIPS Agreement, since July 23, 2008
- The Hague Convention abolishing the requirement of legalization of public documents since February 13, 2010.
Nice classification, 10th edition
A trademark may consist of a sign or set of signs that can be represented graphically, namely words, including names of persons , drawings, letters, numbers and sounds, the form of the product or respective packaging, provided that they adequately distinguish the products and services of one company from those of others.
A trademark may also consist of advertising sentences for the respective products or services, provided that they are distinctive, regardless of the protection conferred upon them by copyright.
The following trademark types are registrable: trade marks, service marks and collective marks (which include association marks and certification marks)
The application is filed at the Industrial Property Institute (IGQPI).
Multi-class applications are allowed, upon payment of additional class fees
It is necessary to provide a power of attorney, notarized and either apostilled or legalized by a Cape Verde Consulate.
If the applicant is a company, a certificate of the Commercial Register should be filed as well, fulfilling the same formalities.
These documents must be filed at the time of application and must be either originally in Portuguese or translated into Portuguese (certified translation).
The application is published in the Official Gazette.
National:
The opposition period is 2 months from publication date of the trademark in the Official Gazette.
A trademark registration is valid for 10 years from date of registration date.
The registration is renewable for periods of 10 years.
The law stipulates that, once their duration expires, industrial property rights shall expire irrespective of whether they are invoked, and the declaration of expiry may be declared ex officio by the competent service. Any interested person may also request the annotation of the expiry, where this has not been done.

Further practical details are available in our publication on this topic here
The trademark must be used for 5 consecutive years, otherwise it can be challenged for non-use.
Every 5 years from the date of registration, a declaration of intention to use has to be filed, excluding the year of the payment of the renewal fees. The declarationshall be submitted within one year, which commences six months before and ends six months after the term of five years to which it relates. Marks for which no declaration is submitted shall not be enforceable against third parties, and the director general of the IGPQI shall declare the lapse of the registration at the request of any interested party or when third party rights are found to be prejudiced during proceedings for other registrations. If cancellation of the registration has not been requested or declared, the same shall be deemed again in full force provided that the owner thereof files the declaration of intent to use and produces evidence of use of the mark.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is CVE 6,500 for any number of classes. At the same time the publication fee of CVE 3000 is paid.
The registration fee per class and per five goods is CVE 7,000 and the original certificate fee is CVE 2,500.

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Trademarks can be assigned. The assignment shall not produce effects before third parties if not registered.
Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 29, 2019
Simões, Garcia, Corte-Real & Associados, Lisboa, Portugal

Mrz 02, 2018
Simões, Garcia, Corte-Real & Associados, Lisboa, Portugal

Dez 21, 2016
Simões, Garcia, Corte-Real & Associados, Lisboa, Portugal

Okt 30, 2013
Clarke, Modet & Cº Portugal, Lisbon, Portugal



Quality Management and Intellectual Property Institute (IGQPI)
3ºPiso, Prédio Bô Casa
Avenida Cidade de Lisboa
Cidade da Praia
Ilha de Santiago
Republica de Cabo Verde

Tel +238 994 7283 or 260 4340
Fax +238 261 6994
Mail Abraao.lopes@igq.gov.cv; Abraao.lopes.66@gmail.com
President: Mr. Abraão Lopes