Trademarks in Cabo Verde

Competent Authority

• Name of Office: Institute for Quality Management and Intellectual Property (Instituto de Gestão da Qualidade e da Propriedade Intelectual - IGQPI) / Directorate of Intellectual Property.
• Working Language: Portuguese.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International registrations can designate Cabo Verde.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants without a domicile or real industrial/commercial establishment in Cabo Verde must be represented by an authorized local agent or representative.
• Power of Attorney (POA): A signed Power of Attorney is required, typically needing notarization and an apostille, accompanied by a Portuguese translation.

Online Filing and Search

• Electronic Filing: Available via administrative channels and digital filing procedures supported by IGQPI.
• Trademark Search: Conducted via official registry databases or through local representative searches to screen prior conflicting rights.

Protectable Trademark Types

• Word marks, figurative marks, and combined marks.
• Applications and supporting documentation must be presented in Portuguese.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported.

Examination

• Scope: IGQPI performs formal and substantive examinations covering absolute grounds (distinctiveness, lawfulness, public order) and relative grounds (prior conflicting rights on the national register).

Publication and Opposition

• Opposition System: Trademark applications are published in the official industrial property bulletin after passing examination, allowing a statutory window (typically 2 months) for interested third parties to file an opposition.

Timeframes

• Registration Timeline: Approximately 18 to 24 months for a complete straightforward processing cycle from filing to certificate issuance.

Official Fees

• Official fee schedules are denominated in Escudos (CVE) or processed via standardized schedules (noted fee frameworks scale by service type and class addition). Individual Madrid designation fee schedules are regulated via WIPO. (Exact quantitative local fee amounts are omitted to avoid discrepancies from periodic administrative changes).

Duration and Renewal

• Protection Term: 10 years calculated from the date of grant (registration date).
• Renewal Window: Can be renewed within the final months of validity, backed by a 6-month grace period subject to late surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation actions if it has not been put to genuine commercial use for a continuous statutory period (historically 5 consecutive years).
• Note: Under the modernised Industrial Property Code framework enacted in mid-2026, previous requirements such as mandatory periodic Declarations of Intention to Use (DIU) have been reformed.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the owner must be formally recorded with IGQPI to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Administered via IGQPI proceedings and judicial actions through competent courts. Protection covers well-known marks and border enforcement measures against counterfeit goods.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.