Paris Convention • PCT • Madrid Agreement • Madrid Protocol • Berne Convention • WTO • WIPO
Multiclass | Nice Classification | Paris Convention Priority | Protection of Well-known Trademarks | Non-use Cancellation - 5 Continuous Years
➤ Types of Trademarks
• Goods and services
• Association Trademark for goods and services of members of an association
• Certification Trademark for goods and services certified by the proprietor of the trademark
• ARIPO Regional Trademark
• International Trademark (designation under the Madrid System)
➤ National Trademark Application Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Certificate of Incorporation (notarised) with notarised Portuguese translation
• Full particulars of the applicant
• Full particulars of the trademark
• Priority Document (certified copy) with notarised Portuguese translation (where applicable)
➤ ARIPO Regional Trademark Application Requirements
• Information available in the page dedicated to ARIPO
➤ Examination
• Absolute grounds
• Relative grounds
➤ Opposition
• Deadline - 2 months from the publication in IP Bulletin
• Counterstatement Deadline - 2 months from the notification
• Time Extension - 1 month
➤ Granting and Validity
• 10 years from the granting date
➤ Renewal Deadline - Legal Loophole
• Cape Verde Industrial Property Code (Decree-Law No. 4/2007, August 20, 2007) does not stipulate any deadlines applicable to trademark renewals, it does not mention the final deadline or the possibility of late renewal or revival and respective time frames.
• Amada Legal recommends proceeding with the renewal during the last 6 months of the registration validity which is of 10 years from the granting date.
• Amada Legal further recommends not to rely on any additional time frame for late renewal or revival.
➤ Renewal Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
➤ Declaration of Intent to Use
• Applies to national registrations as well as ARIPO and international registrations designating Cape Verde
• Power of Attorney (notarised) with notarised Portuguese translation
• Mandatory Filing - every 5 years from the date of registration (except in the year in which renewal fees are due)
• Filing Time Frame - 1 year period starting 6 months before the 5th year anniversary and ending after 6 months from the 5th anniversary
➤ Assignment Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) with notarised Portuguese translation
➤ Change of Name Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Licence Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) with notarised Portuguese translation
No Applicable Classification | Paris Convention Priority | Working Requirement - 4 Years from filing date or 3 Years from granting date
➤ Types of Patents
• National Patent
• PCT National Phase
• ARIPO Regional Patent
➤ National Patent Application Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of the applicant and inventor
• Specifications, Claims, Drawings and Abstract in Portuguese
• Deed of Assignment (notarised) with notarised Portuguese translation (where applicable)
• Priority Document (certified copy) with notarised Portuguese translation (where applicable)
➤ PCT National Phase Application Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of the applicant and inventor
• Specifications, Claims, Drawings and Abstract in Portuguese
• Published International Application
• International Search Report and International Preliminary Report on Patentability
• Deed of Assignment (notarised) with notarised Portuguese translation (where applicable)
• Priority Document (certified copy) with notarised Portuguese translation
➤ ARIPO Regional Patent Application Requirements
• Information available in the page dedicated to ARIPO
➤ Examination
• Absolute grounds
• Relative grounds
➤ Opposition
• Deadline - 2 months from the publication in IP Bulletin
• Counterstatement Deadline - 2 months from the notification
• Time Extension - 1 month
➤ Granting and Validity
• 20 years from the filing date or international filing date
➤ Renewal Deadline - Legal Loophole
• Cape Verde Industrial Property Code (Decree-Law No. 4/2007, August 20, 2007) does not stipulate any deadlines applicable to patent annuities, it does not mention the final deadline or the possibility of late payment or revival and respective time frames
• Amada Legal recommends considering the filing date or international filing date as the final deadline without any possibility of late payment or revival
• Amada Legal further recommends proceeding with the annuity payment during the 6 months preceding the filing date or international filing date even if the registration has not yet been granted
➤ Renewal Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
➤ Assignment Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) with notarised Portuguese translation
➤ Change of Name Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Licence Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) with notarised Portuguese translation
Multiple Designs (up to 10 designs/products allowed in the application) | No Applicable Classification | Paris Convention Priority
➤ Types of Designs
• National Design
• ARIPO Regional Design
➤ National Design Application Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of the applicant and designer
• Design title and brief description
• Graphic or photographic reproduction of the design
• Deed of Assignment (notarised) with notarised Portuguese translation (where applicable)
• Priority Document (certified copy) with notarised Portuguese translation (where applicable)
➤ ARIPO Regional Design Application Requirements
• Information available in the page dedicated to ARIPO
➤ Examination
• Absolute grounds
➤ Opposition
• Deadline - 2 months from the publication in IP Bulletin
• Counterstatement Deadline - 2 months from the notification
• Time Extension - 1 month
➤ Granting and Validity
• 25 years from the filing date
➤ Renewal Requirements (Article 119 of Cape Verde Industrial Property Code - Decree-Law No. 4/2007, August 20, 2007)
• Power of Attorney (notarised) with notarised Portuguese translation
• Late Renewal - not available
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) with notarised Portuguese translation
➤ Change of Name Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full previous and current particulars of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Change of Address Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Previous and current address of applicant
• Certificate of Incorporation updated (notarised) with notarised Portuguese translation
➤ Licence Requirements
• Power of Attorney (notarised) with notarised Portuguese translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) with notarised Portuguese translation
Internet Domain - .CV
➤ Application Requirements - .CV
• Power of Attorney (notarised) with Portuguese translation
• Full particulars of the applicant
• DNS specifications
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