In Cape Verde, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Institute of Intellectual Property of Cabo Verde.
If you register a combined trademark (which includes both word elements and figurative elements) in Cape Verde, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by interested third parties against a trademark application within a period of ninety (90) days following its publication in the Official Gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
Additionally, declarations of intent to use must be filed every five years for registered trademarks. Failing that, trademarks become vulnerable to cancellation actions, and will not be enforceable against third parties.
Registered trademarks in Cape Verde have a validity of ten (10) years from the registration date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Cape Verde (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.