Oct 06, 2022 (Newsletter Issue 14/22)Further Declarations of Intention to Use for Intl. RegistrationsOn 21 September 2022, WIPO informs that the Office of Cabo Verde has provided information on the requirement to file further declarations of intention to use a mark that is the subject of an international registration designating Cabo Verde.
As indicated in Information Notice No. 22/2022, by designating Cabo Verde, the applicant or holder declares an intention to use the mark in this country, in connection with the goods and services identified in the international application or subsequent designation, as the case may be.
In addition, holders must submit further declarations of intention to use the mark directly to the Office of Cabo Verde by using the prescribed form in Portuguese and paying the required fee. Such declaration must be submitted by the holder’s authorized representative, who must be domiciled in Cabo Verde.
Holders must present the declaration within five years from the date on which the Office of Cabo Verde granted protection to the mark in the international registration, that is, from the date of the statement that grants protection to the mark, issued by the Office of Cabo Verde in accordance with Rule 18ter of the Regulations under the Madrid Protocol. Holders must present additional declarations every five years thereafter.
Holders may file such declaration six months before the above-mentioned anniversaries, but no later than six months after the said anniversaries.
For more information, please click here Source: www.wipo.int Aug 11, 2022 (Newsletter Issue 11/22)
Accession to ARIPO System
On 14 July 2022, Cape Verde deposited the instruments of Accession to the Lusaka Agreement, Banjul Protocol, Harare Protocol, Swakopmund Protocol, and Arusha Protocol with the ARIPO Director General.
As Cape Verde becomes the 22nd ARIPO Member State, from now on users of the ARIPO system will be able to designate Cape Verde as one of the designated countries for the application of the following Intellectual Property Rights: trademarks, patents, industrial designs, protection of traditional knowledge and expressions of folklore, and protection on new varieties of plants.
Source: www. inventa.com; www.aripo.org
Jul 14, 2022 (Newsletter Issue 9/22)
Declaration of Intention to Use for International Registrations Designating Cape Verde
On 5 July 2022, the Government of Cabo Verde has notified WIPO in accordance with Rules 7(2), 27bis(6) and 27ter(2)(b) of the Regulations under the Madrid Protocol.
When Cape Verde is designated under the Madrid Protocol, it requires a declaration of intention to use the mark.
Further, the Office of Cabo Verde will not present to the International Bureau of WIPO requests for the division of an international registration under Rule 27bis(1) nor requests for the merger of international registrations resulting from division under Rule 27ter(2)(a).
Cape Verde became a member of the Madrid Protocol on 6 July 2022.
Source: www.wipo.int
Apr 21, 2022 (Newsletter Issue 5/22)Accession to Madrid ProtocolOn April 6, 2022, the Government of Cape Verde deposited its instrument of accession to the Madrid Protocol.
The Protocol will enter into force for this country on July 6, 2022.
For more information, please click hereSource: www.wipo.int Oct 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.
- Member of Madrid Protocol since July 6, 2022.
- Member of ARIPO System (including Banjul Protocol) since July 14, 2022.
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: trademarks, 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 (or a copy certified by Notary) should be filed as well, fulfilling the same formalities.
If there is a claim of priority, a certified copy following the same formalities above mentioned.
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 national Official Gazette.
National:The opposition period is 2 months from the publication date of the trademark application in the national Official Gazette.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of registration date.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
hereThe 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 trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Feb 24, 2023
Simões, Garcia, Corte-Real & Associados, Lisboa, Portugal