Cape Verde Trademark Registration

In Cape Verde, trademark protection is based on the “first to file” principle. This means that, as a general rule, only the party who registers first is recognized as the owner of the trademark. Unregistered marks are protected only in very exceptional situations.

To secure rights, avoid disputes over ownership, and enforce your brand against infringers, it is highly advisable to register your trademark in Cape Verde.

You can obtain protection in two ways:

1. National route – by filing directly with the Institute of Intellectual Property of Cabo Verde.
2. Regional route via ARIPO – Cape Verde is a member of the **African Regional Industrial Property Organization (ARIPO) and a party to the Banjul Protocol. Registration through ARIPO grants protection and recognition in the following countries: Botswana, Cape Verde, the Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome and Principe, Eswatini, Uganda, Tanzania (mainland) and Zimbabwe. For more information please visit our page on trademark services in ARIPO.

If you register a combined trademark (words + logo) in Cape Verde, your exclusive right covers only the exact configuration as filed. If you intend to use and protect the word element and the logo separately, it is recommended to file additional applications for each element on its own.

To register a trademark in Cape Verde, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized before the Consulate of Cape Verde.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time for a straightforward trademark registration in Cape Verde is around 13 months.

This is an estimated timeframe based on current practice and may vary depending on:

• Administrative workload at the office or ARIPO.
• Any formal or substantive objections raised.
• Whether oppositions are filed by third parties after publication.

Once your trademark is registered in Cape Verde:

• It enjoys protection for 10 years from the registration date.
• It can be renewed indefinitely for successive periods of 10 years, as long as you file the renewal in time (or within the grace period).
• Renewal can still be requested within a six (6)-month grace period after expiration, subject to late renewal fees.

Additionally, for trademarks registered in Cape Verde, declarations of intent to use must be filed every five (5) years. Failing that, trademarks become vulnerable to cancellation actions, and will not be enforceable against third parties.

If you registered through ARIPO, your Cape Verde protection forms part of a broader multi-country registration, and the overall rights will extend to the other designated Banjul Protocol member states as well.

Yes. If a third party tries to register a mark that includes a primary or distinctive part of your trademark for similar goods or services, you may oppose their application on the basis of confusing similarity.

• Opposition actions must be filed within ninety (90) days from the date the application is published in the Official Gazette.
• The likelihood of success depends on the specific circumstances, including how similar the marks and goods/services are and the strength of your prior rights.

Use is not required in order to obtain registration in Cape Verde; you can file and secure a registration even if the mark has not yet been used.

However, after registration:

• If the trademark is not used for more than five (5) consecutive years, it becomes vulnerable to cancellation actions based on non-use brought by third parties.
• In addition, declarations of intent to use must be filed every five (5) years. If no declaration is filed, the mark becomes vulnerable to cancellation and cannot be enforced against infringers.

In practice, to maintain strong rights, you should both use your trademark and comply with the five-year declarations.