Angola is a country located in southwest Africa that is known as a culturally and historically diverse destination, so it attracts many investors and businesses to expand their business scope. For those who want to make and protect their mark in the market, registering a trademark in Angola is an important step and not to be missed. In this article, Viet An Law Firm will guide you through the preliminary procedures for trademark registration in Angola in this country.
Legal basis
Law No. 3/92 on Industrial Property dated 28/02/1992
Definition of trademark in Angola
In Angola, a trademark is defined as a unique sign that identifies the goods or services of a particular business, distinguishing them from other businesses. Uniqueness is an important characteristic in many fields, including art, music, literature, creativity, and even intellectual property. It refers to the difference, freshness and impossibility of a work or idea.
Here are some characteristics of uniqueness:
Difference: The work or idea must be different from what existed before. It is not merely copied or imitated from another work.
Fresh: The work or idea must be creative and fresh. It must represent a new approach or a new perspective on a topic.
Cannot be copied: The work or idea cannot be accurately copied by others. It must show the personal mark and idiosyncrasy of the author.
Here are some key points about the types of trademarks protected in Angola:
Lettering marks;
Logo;
Image marks;
Combined trademarks (text and images);
Holographic brand.
Conditions of trademark protection in Angola
To be protected in Angola, a trademark must meet the following conditions:
Distinguishable: A trademark must be able to distinguish the trademark owner’s goods or services from those of other businesses. This means that the trademark must be unique enough and must not be described as generic or confusing.
Do not infringe the rights of others: A trademark may not infringe the intellectual property rights of others, such as copyrights, trademarks, or trade names.
Not contrary to public morals: A trademark must not violate public morals or contravene Angolan law.
Meet form requirements: A trademark must meet the form requirements set forth in Angolan intellectual property law. For example, a trademark must be represented by a visible sign, such as a letter, word, drawing, or image.
Some cases in which a trademark may not be protected:
Descriptive trademarks that are generic or lack distinctiveness.
A trademark infringes the intellectual property rights of others.
The trademark is contrary to public morals or contrary to Angolan law.
Trademarks contain elements that are not allowed for protection, such as the inherent shape of the goods or geographical signs.
Trademark dossier in Angola
To register a trademark in Angola, the applicant needs to prepare a dossier that includes the following documents:
Application Form:
Applications must be submitted in Portuguese or English.
The application must include the following information: Name and address of the trademark owner, Description of the trademark., List of goods or services for which the trademark will be used, Date and place of first use of the trademark, Registration fee.
Valid copy of individual/organization identification document:
If the trademark owner is an individual, a valid copy of the identity card or passport should be submitted.
If the trademark owner is a business, a valid copy of the business registration certificate needs to be submitted.
Trademark sample: The trademark template must be clear, sharp and accurately represent the trademark you want to register. Trademark samples can be submitted in the form of digital drawings or hand drawings.
Authorization (if applicable): If the applicant authorizes another person or intellectual property representative during the trademark registration process, the applicant needs to submit a valid authorization.
The trademark registration fee in Angola depends on a number of factors, including the type of trademark the applicant wishes to register, the number of classs of goods or services the applicant wishes to protect, and how the applicant submits the application.
Trademark type
Number of classes of goods/services you want to register
Direct Submission
Submit by mail
Trademarks
1
10,000 Kwanza
12,000 Kwanza
Trademarks
2-3
15,000 Kwanza
17,000 Kwanza
Trademarks
4-10
20,000 Kwanza
22,000 Kwanza
Image branding
1
15,000 Kwanza
17,000 Kwanza
Image branding
2-3
20,000 Kwanza
22,000 Kwanza
Image branding
4-10
25,000 Kwanza
27,000 Kwanza
Combined trademarks
1
20,000 Kwanza
22,000 Kwanza
Combined trademarks
2-3
25,000 Kwanza
27,000 Kwanza
Combined trademarks
4-10
30,000 Kwanza
32,000 Kwanza
In addition, the applicant also needs to pay some other fees, such as:
Appraisal fee: 5,000 Kwanza
Publication fee: 5,000 Kwanza
Degree fee: 5,000 Kwanza
How to file for trademark registration in Angola
To file for trademark protection in Angola, you can file using the following filing methods:
Direct submission: You can go directly to the office of the Intellectual Property Office of Angola at Largo 17 de Setembro Edifício Palácio de Vidro, nº 7 4º Andar, Ala Esquerda, Luanda- Marginal Caixa Postal 3840 to submit the application and related documents.
By Post: You can send your application form and all required documents via postal service or courier service to the address of the Angolan Intellectual Property Office.
Trademark registration service in Angola of Viet An Law Firm
Perform the search and notify you in writing of the results of the trademark search in Angola;
Draft the dossier and directly file and monitor the status of the trademark application in Angola on behalf of the trademark owner;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Angola;
Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives performing procedures in Angola.
Receive dispatches, certificates and hand over to customers (if any).
If you need to file a trademark application in Angola, please contact Viet An Law Firm for the most effective support.
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