Cape Verde

The Republic of Cape Verde lies off the West Coast of Africa and is made up of a group of ten islands and five islets. Cape Verde, which became independent in 1975, is divided into two groups of islands, namely Barlavento (Windward) and Sotaventa (Leeward). The main islands of the Windward group include Sao Vincente, Santao Sao, Sao Nicolau, Santa Lusia, Sal and Boa Vista, while the Leewards are made up of Sao Tiago, Fogo , Maio and Brava.

General information

• Capital: Cidade de Praia
• Population:  405 748
• Area: 4 033 km2
• Languages:  Portuguese – official language
• Exports: Shoes; garments; fish; bananas; hides
• Imports: Foodstuffs; consumer goods; petroleum; industrial products; transport equipment
• Currency: Escudos (CVE)

Trademarks

Law:

Until recently the only form of trade mark protection was through the publication of cautionary notices in the largest circulating newspapers. The old Portuguese Industrial Property Code of 1940 appears to have been revived. In terms of this legislation the registration of trade and service marks is possible and the authorities accept applications filed in accordance with provisions of the code, read together with the Cape Verde Decree law no. 7/2003

International Conventions:

WIPO, WTO, Berne Union, Rome Convention.

Requirements for Application:

1. Power of Attorney (legalised)
2. Certificate of Incorporation (legalised)
3. Certified copies of corresponding home registrations.
4. 15 prints of the mark (if logo/device)
5. Priority document (if applicable), with verified Portuguese translation.

Classification:

International classification of goods and services. Multiple class applications are permitted.

Procedure:

Only examination as to formalities.

Opposition:

Opposition may be lodged within 2 months following advertisement of the trade mark application in the Gazette in Cape Verde.

Duration and Renewal:

A trade mark registration is effective for an initial period of 10 years and thereafter renewable for like periods.

Licensing/Registered Users:

Licensing is recognised.

Requirements:

1. Power of Attorney (legalised); and
2. Licence agreement.

Assignments:

Assignments may be made with or without goodwill.

Requirements:

1. Power of Attorney (legalised); and
2. Deed of assignment.

Marking of Goods:

Follow the importer’s instructions of specific contract specifications. Portuguese requirements may still be operative.

Patents

General:

No patent protection is currently available.