Trademarks Law in Cape Verde
Here’s an overview of Trademark Law in Cape Verde, reflecting the country’s current legal framework and recent developments:
🇨🇻 Trademark Law in Cape Verde
1. Legal Framework
Trademark protection in Cape Verde is governed by Decree-Law No. 4/2007, which established the legal basis for industrial property rights, including trademarks. The country operates on a first-to-file system, meaning that rights are granted to the first party to file a trademark application, regardless of prior use.
In July 2022, Cape Verde acceded to the Madrid Protocol, becoming the 112th member of the Madrid System. This allows trademark owners in Cape Verde to protect their marks in other member countries through a single application, and vice versa
2. Trademark Registration Process
Application: Submit to the Institute of Quality Management and Intellectual Property (IGQPI).
Examination: The IGQPI examines the application for compliance with legal requirements.
Publication: Accepted applications are published in the Intellectual Property Bulletin, typically issued three times a year.
Opposition: Third parties have two months from the publication date to file an opposition .
Registration: If no opposition is filed or if an opposition is resolved in favor of the applicant, the trademark is registered.
3. Duration and Renewal
Initial Duration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for subsequent 10-year periods.
Declarations of Intent to Use (DIU): A DIU must be filed every five years, within a one-year window starting six months before the fifth anniversary of the registration. Failure to file a DIU can render the trademark unenforceable against third parties
4. Opposition and Enforcement
Opposition Grounds: Oppositions can be based on:
Lack of distinctiveness
Unauthorized use of names, portraits, or other protected rights
Likelihood of confusion with prior marks
Infringement of well-known marks
Unfair competition .
Enforcement: Trademark owners can enforce their rights through civil actions and may request the cancellation of infringing trademarks.
5. International Protection via the Madrid System
Since joining the Madrid Protocol in July 2022, Cape Verdean trademark owners can:
File international applications designating Cape Verde.
Benefit from streamlined procedures for protecting trademarks in multiple countries.
Foreign trademark owners can extend protection to Cape Verde by designating it in their international applications .
✅ Summary
Cape Verde offers a structured trademark registration system with a 10-year initial protection period, renewable indefinitely. The requirement for a DIU every five years emphasizes the importance of active use in commerce. The country's accession to the Madrid Protocol enhances its integration into the global intellectual property system, facilitating international protection for trademarks.
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