Trademark registration in Cape Verde is an essential step in protecting the identity of products and services, guaranteeing exclusivity and legal certainty in the market. This process, regulated by the Industrial Property LawTrademark protection allows companies and individuals to secure their rights over distinctive signs such as words, logos, product shapes or packaging. Trade mark protection is essential to prevent unfair competition and strengthen the market position of registered organisations.

In Cape Verde, trade mark registration is managed by the General Directorate of Industry and Commerce (DGIC)The trade mark office carries out a detailed analysis to check the originality and compliance of the application with the rights of third parties. Once approved, the trade mark is protected for an initial period of ten years, with the possibility of successive and unlimited renewals, guaranteeing its continuity on the market.

In addition, the country is a member of the Madrid Agreement Concerning the International Registration of MarksThe Madrid Agreement allows locally registered trademarks to be protected in other countries adhering to the treaty, simplifying the internationalisation process. For more information on the Madrid Agreement, see Institute for Quality Management and Intellectual Property (IGQPI).

This report aims to provide a comprehensive overview of the trade mark registration process in Cape Verde, highlighting the legal requirements, administrative procedures and best practices to ensure the effective protection of intellectual property assets.

Entities responsible for registering trademarks in Cape Verde

Institute for Quality Management and Intellectual Property (IGQPI)

The Institute for Quality and Intellectual Property Management (IGQPI) is the main body responsible for managing the National Intellectual Property Protection System (SNPI) in Cape Verde. This public body, part of the state's indirect administration, plays a central role in the registration, protection and inspection of trademarks and other industrial property rights. Its competences include:

• Analysing and processing trademark applicationsIGQPI is responsible for receiving and analysing trademark applications, ensuring that they comply with the legal requirements set out in Cape Verde's Industrial Property Code (CPI).
• Publication and issue of registration documentsAfter analysing and approving the application, IGQPI publishes the registrations in the Intellectual Property Bulletin (BPI) and issues the respective registration certificates.
• Supervision and inspectionThe IGQPI is also responsible for supervising the use of trademarks, preventing infringements and guaranteeing the protection of owners' rights.

More information about IGQPI and its services can be found at IGQPI official website.

General Directorate of Industry and Commerce (DGIC)

The General Directorate of Industry and Commerce (DGIC) is a complementary entity to the IGQPI in terms of industrial property protection in Cape Verde. The DGIC plays an important role in supervising and supporting the business sector, including:

• Previous searchThe DGIC carries out searches to verify the existence of already registered trade marks, ensuring that new applications do not infringe third party rights. This process is essential to avoid legal conflicts and protect the rights of existing trade mark owners.
• Promoting good business practicesDGIC promotes the use of brands as strategic tools for business competitiveness, encouraging entrepreneurs to protect their intellectual assets.

For more details on DGIC's services, please consult the website of the Directorate General for Industry and Trade.

World Intellectual Property Organisation (WIPO)

Although it is not a national entity, the World Intellectual Property Organisation (WIPO) plays a relevant role in the context of trademark registration in Cape Verde, since the country is a member of this organisation. WIPO facilitates access to the international trade mark registration system through the Madrid AgreementThis allows trademarks registered in Cape Verde to be protected in other member countries of the system.

• Madrid AgreementThis international treaty simplifies the process of registering trade marks in multiple countries, reducing costs and bureaucracy for Cape Verdean trade mark owners who wish to expand their business internationally. More information on the Madrid Agreement is available at WIPO website.

Collective Management Entities for Copyright and Related Rights

Although the main focus of these entities is the management of copyright and related rights, they also play an important role in the protection of rights related to trademarks and other distinctive signs. These entities are regulated by Law no. 45/2019This establishes its competences, including:

• Authorisation and supervision: Collective management entities have the power to authorise and supervise the use of trademarks and other related rights, ensuring compliance with legal regulations.
• Promoting the protection of rightsThese organisations collaborate with IGQPI and other institutions to promote the protection of intellectual property in Cape Verde.

For more information on the applicable legislation, please consult the IGQPI website.

Revision of the Industrial Property Code (CPI)

A review of Cape Verde's Industrial Property Code (IPC) is currently underway, with the aim of modernising and adapting the legislation to the demands of the global market. This process is being led by IGQPI, in collaboration with other national and international organisations. The main changes proposed include:

• Simplifying proceduresReducing bureaucracy in the trade mark registration process, making it more accessible for small and medium-sized companies.
• Strengthening sanctions: Introduction of stricter penalties for offences related to the improper use of trademarks.
• Harmonisation with international standards: Alignment of Cape Verdean legislation with the standards set by WIPO and other international organisations.

Detailed information on the CPI review can be found at IGQPI website.

Trademark Registration Process and Required Documentation

Eligibility Requirements for Trademark Registration

In order for a trade mark to be registered on the Cape Verdean market, it must fulfil the criteria established by the Industrial Property Law of Cape Verde. Trademarks may include words, logos, designs, numbers, shapes of products or packaging, provided they are distinctive and do not conflict with previously registered rights. The trade mark may not be generic, descriptive or contrary to public order or good customs. (General Directorate of Industry and Commerce).

In addition, combined trade marks, which include denominative and figurative elements, have specific protections. Exclusive use is limited to the exact configuration in which they were registered. If the owner wishes to use the elements separately, it is recommended to register additional trade marks. (iGERENT).

Documents Required for the Registration Application

The process of registering a trade mark in Cape Verde requires the presentation of specific documentation, which must be submitted to the General Directorate of Industry and Commerce (DGIC) or to Institute for Quality Management and Intellectual Property (IGQPI). Essential documents include:

1. Registration Application FormThis must be filled in with detailed information about the applicant and the trade mark to be registered.
2. Brand RepresentationImage or clear graphic description of the brand, including colours and figurative elements, if applicable.
3. Declaration of Intention to Use: Document proving the intention to use the brand in the Cape Verdean market.
4. Proof of Payment of FeesFees vary according to the type of brand and the services requested. For example, preliminary brand research costs around 120 USDwhile the full registration starts at 1160 USD. (iGERENT).
5. Power of attorneyIf the application is submitted by a legal representative, a duly notarised power of attorney is required.

Application Submission Procedures

Trademark registration in Cape Verde follows a structured process, which includes the following stages:

1. Prior Availability SurveyBefore submitting an application, it is advisable to carry out a search to check for similar or identical trade marks that have already been registered. This step reduces the risk of the application being rejected. (iGERENT).
2. Application SubmissionThe application can be submitted directly to the DGIC or IGQPI. Alternatively, specialised companies offer online services to facilitate the process. (General Directorate of Industry and Commerce).
3. Analysis and PublicationAfter submission, the application is analysed for compliance with legal requirements. If approved, it is published in the Intellectual Property Bulletin (BPI) to allow opposition from third parties.
4. Granting of registrationIf there are no objections or if objections are resolved, registration is granted and the trade mark certificate is issued.

Declarations of Intent to Use and Renew

Once registered, the trade mark in Cape Verde has an initial validity of 10 yearsFrom the date of the request. To maintain protection, the following requirements must be met:

1. Intended Use StatementsThese must be presented at each 5 years. The absence of this declaration makes the trademark vulnerable to cancellation actions. (iGERENT).
2. Renewal: Registration may be renewed indefinitely for additional periods of 10 years. There is a grace period of 6 months after expiry, during which renewal is still possible for an additional fee. (General Directorate of Industry and Commerce).

Specific Considerations for International Trademarks

Cape Verde is a member of the Madrid Agreementmanaged by World Intellectual Property Organisation (WIPO). This treaty allows trademarks registered in Cape Verde to be protected in other member countries, simplifying the international registration process. To use this system, the owner must first register the trade mark nationally. (WIPO).

In addition, trade marks with figurative or design elements may require additional analyses, which can alter the costs and deadlines of the process. We recommend contacting IGQPI or a legal representative directly for detailed information. (iGERENT).

Differences from Existing Content

While the previous report dealt with the entities responsible for registering trade marks, this sub-report focuses exclusively on the entities responsible for registering trade marks. procedures and necessary documentationThis report details the technical and operational requirements for registration. For example, while the content on the IGQPI mentions analysing applications and publication in the BIS, this report explores the technical and operational requirements for registration. specific documents and the associated costsIt also emphasises the importance of declarations of use and the Madrid Agreement.

Duration, Renewal and Benefits of Trademark Registration in the Cape Verdean Market

Initial Validity of Trademark Registration

A trade mark registered in Cape Verde has an initial validity of 10 yearsThis period runs from the date the registration is granted. This period is guaranteed by the country's Industrial Property legislation, which aims to protect the owner's exclusive rights over the use of the trade mark in Cape Verdean territory. The initial validity of 10 years is consistent with international standards, such as those established by the Madrid Agreementof which Cape Verde is a signatory.

Unlike other systems that require more frequent renewals, the 10-year term offers an extended window for owners to consolidate their brand on the market before worrying about renewal.

Trademark Registration Renewal Process

After the initial 10-year period has expired, the trade mark registration can be renewed for additional periods of 10 yearsThere is no limit to the number of renewals. This mechanism allows owners to maintain their trademark rights on an ongoing basis, provided they fulfil the established legal and administrative requirements.

The renewal process involves paying specific fees and submitting a formal application to the Institute for Quality Management and Intellectual Property (IGQPI). It is important to emphasise that there is a 6-month grace period after the registration expires, during which time it can be renewed for an additional fee.

Intended Use Statements

Although renewal is a periodic process, trade mark owners in Cape Verde must also submit declarations of intention to use each 5 years. The purpose of this requirement is to ensure that the trade mark is actually in use on the market and not just registered to prevent third parties from using it. The absence of this declaration could result in the registration being cancelled, making the trademark vulnerable to disputes and legal action.

This requirement differs from other registration systems, such as the European one, where proof of use is generally only required in cases of opposition or litigation. In Cape Verde, the periodic presentation of intent to use is a preventative measure to avoid the accumulation of inactive trademarks in the system.

Benefits of Trademark Registration

Trademark registration in Cape Verde offers a number of benefits for both local companies and foreign investors:

1. Exclusive ProtectionThe trademark owner obtains exclusive rights to use the trademark in Cape Verdean territory, protecting it against unauthorised use by third parties. This exclusivity is particularly important in competitive sectors such as tourism and the export of local products.
2. Valuing Intangible Assets: A registered trade mark is considered an intangible asset that can significantly increase the value of a company. This asset can be licensed, sold or used as collateral in financial transactions.
3. International expansionCape Verde is a member of the Madrid Agreement, which allows trademarks registered in the country to be protected in other signatory countries. This benefit is crucial for companies wishing to expand their business to international markets. More information on the Madrid Agreement can be found at WIPO website.
4. Prevention of Unfair CompetitionTrademark registration helps prevent unfair competition practices, such as imitating brands or using similar names that could confuse consumers.
5. Consumer Recognition and TrustA registered trade mark conveys trust and credibility to consumers, especially in markets where intellectual property protection is valued.

Economic and Strategic Impact

The registration of trademarks in Cape Verde has a direct impact on strengthening the local economy and attracting foreign investment. According to recent figures, 135 Cape Verdean brands have been registered with the African Regional Intellectual Property Organisation (ARIPO) in just six months, reflecting the growing interest in protecting intellectual property assets in the country (Forbes Lusophone Africa).

In addition, the registration of trademarks helps to promote local products and services, such as grog, coffee and handicraft products, which have great export potential. Brand protection in these cases is essential to guarantee the authenticity and quality associated with Cape Verdean products.

Differences from Other Intellectual Property Systems

While other systems, such as the European or American, may require proof of use only in specific situations, the Cape Verdean system takes a more proactive approach with declarations of intent to use. This difference reflects the need to adapt the intellectual property system to the realities of the local market, where enforcement and administration of inactive trademarks can be more challenging.

In addition, the initial validity period of 10 years and the possibility of indefinite renewals are in line with international standards, but offer additional flexibility for holders who wish to keep their rights for longer periods.

Final Thoughts on Renewal and Benefits

The continuous renewal and benefits associated with registering trademarks in Cape Verde make this process a strategic tool for companies and individuals wishing to protect their intellectual assets. The Cape Verdean system, although aligned with international standards, has unique characteristics that make it especially adapted to the needs of the local and regional market.

For more information on registering trademarks in Cape Verde, we recommend consulting the IGQPI official website.

Conclusion

Trademark registration in the Cape Verdean market is a structured process managed primarily by the Institute for Quality Management and Intellectual Property (IGQPI) and the General Directorate of Industry and Commerce (DGIC). These organisations analyse, publish and inspect trademarks, promoting the protection of industrial property rights in the country. The Cape Verdean system is aligned with international standards, such as the Madrid AgreementThis allows brands to be protected in multiple countries, which is particularly advantageous for companies with international expansion ambitions.

The registration process requires the fulfilment of specific requirements, including the submission of documents such as the application form, a graphic representation of the trademark and a declaration of intention to use. The initial validity of the registration is 10 years, and it can be renewed indefinitely for equal periods, as long as obligations such as the periodic submission of declarations of use are fulfilled. This system prevents the accumulation of inactive trademarks and promotes the effective utilisation of registered rights. In addition, the ongoing revision of the Industrial Property Code aims to simplify procedures and strengthen legal protection, adapting the legislation to the demands of the global market.

Trademark registration in Cape Verde offers significant benefits, including exclusive protection, valorisation of intangible assets and prevention of unfair competition. For local companies and foreign investors, this process is a strategic tool for consolidating market presence and protecting distinctive products and services, such as those of Cape Verdean origin. Interested parties are advised to consult the IGQPI or experts in the field to ensure compliance with all legal requirements and maximise the benefits of registration.