Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Graphical representation of the mark.
(3) Specification of goods or services (Nice Classification; multi-class application possible).
(4) Power of Attorney.
(5) Priority data and documents, if applicable.

Oppositions
The term for filing an opposition is 3 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 3 months counted from notification of the opposition.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of grant.

The registration may be cancelled due to lack of use of the mark for 5 consecutive years, unless there are justified reasons for non-use. The period of 5 years is counted from the registration date and in the case of international trademarks from the international registration date. The cancellation request should be submitted to the SENAPI (Industrial Property Office).

National Law for IP matters

Decree Law 4/2007 of 20 August 2007 (Industrial Property Code)

Law 101/III/90, December 1990 (Author’s Rights and Related Rights Law)

International Law

WIPO Convention
The Bern Convention for the protection of literary and artistic works
The International Convention on Copyright For The Protection Of Performers, Producers Of Phonograms And Broadcasting Organisations (Rome, 1961)

Patents

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Title, description, claims and abstract of the invention (in Portuguese).
(3) Name, nationality and address of the inventor.
(4) Priority data and documents, if applicable (together with certified Portuguese translation; may be filed later).
(5) Power of Attorney (legalized; may be filed later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration
The patent duration begins on the date of application and runs for a period of 20 years.

Designs

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) A sample or graphical representation of the model or design.
(3) Description of novelty claimed and indication of the type of goods for which the design or model should be used.
(4) Priority data and documents, if applicable (accompanied by certified Portuguese translation; may be submitted later)
(5) Power of Attorney (legalized; may be submitted later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration and Use
The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.

Trade and Service Marks

Filing Requirements
(1) Name, nationality and address of the applicant.
(2) Graphical representation of the mark.
(3) Specification of goods or services (Nice Classification; multi-class application possible).
(4) Copy of Certificate of Registration of the same mark in the country of origin.
(5) Certified document evidencing the business activity of the applicant.
(6) Priority data and documents, if applicable (together with certified Portuguese translation; may be filed later).
(7) Power of Attorney (legalized; may be filed later).

Oppositions
The term for filing an opposition is 2 months counted from publication in the Industrial Property Bulletin. Objections shall be notified to the applicant who may respond within 2 months counted from notification of the opposition.

Duration and Use
The duration of a trade or service mark registration is 10 renewable years counted from the date of grant.

The registration may be cancelled due to lack of use of the mark for 5 consecutive years, unless there are justified reasons for non-use. The cancellation request should be submitted to the IGQPI (Industrial Property Office of Cabo Verde).

Declarations of Intention of Use: should be filed every 5 years, counted from the registration date, except when the renewal is due.