Trademark registration in Cape Verde

Cape Verde is an island nation of 10 main islands and 5 small islands located in the Atlantic Ocean, 570 km off the coast of West Africa. This location gives Cape Verde many advantages. Carbo Verde is located on the main maritime route connecting Europe, Africa and South America. This is an ideal stop for ships traveling between continents, in addition to the potential for strong development of maritime services and logistics. The policy of the Government of Cape Verde always has incentives for domestic and foreign investors to attract investment capital. Human resources here are also young and abundant in labor. Because it is adjacent to the sea, this is also a potential to develop the fishing and aquaculture industry, natural energy sources such as wind and solar are always available and abundant. Currently, there are many businesses that want to expand their business activities here, to be able to distinguish their brand from other competitors, the first thing businesses need to do is register a trademark. Viet An Law would like to guide customers through the procedures for trademark registration through the article below.

Legal basis

• Law on Industrial Property (approved by Legislative Decree No. 4/2007 of August 20, 2007);
• Other relevant legal documents

Trademark filings in Cape Verde

Application form

Download the official “Trademark Application” form from the INPI website at the following address https://igqpi.cv/ and fill out the following forms: Applicant information (name, address, nationality), Trademark information (name, logo, description, group of goods/services), Power of attorney (if any)

Supporting Documents

• One or more clear images of the trademark:
  • Images can be logos, drawings or photographs.
  • Make sure to meet the size and format requirements set forth by INPI.
• Payment of registration fee: The fee varies depending on the number of groups of goods/services protected by the trademark. Refer to the INPI website for the latest fee table.

Optional documents

• Priority document (if the priority claim is based on previous filing): May be a certified copy of a trademark application filed in another country.
• Proof of use in Cape Verde (if applicable): This can be evidence such as invoices, packaging, marketing materials showing the use of the trademark in Cape Verde.

Trademark registration fees in Cape Verde

The fee for registering a trademark in Cape Verde depends on a number of factors, including:

Number of groups of goods/services

• The base fee for a group is 10,000 CVE (about $90).
• Each additional group will be paid an additional 3,000 CVE (about $27).

Trademark type

• Collective and certification marks have a higher fee than regular marks.
• The collective trademark registration fee is 15,000 CVE (about 135 USD) for the first group and 4,500 CVE (about 40 USD) for each additional group.
• The certification trademark registration fee is 20,000 CVE (about 180 USD) for the first group and 6,000 CVE (about 54 USD) for each additional group.

How to file a trademark application in Cape Verde

To file for trademark protection in Cape Verde, you can file using the following filing methods:

• Direct Submission: You can go directly to  the Institute for Quality Management and Intellectual Property (MCTIT) at Building des Finances Avenue des Manguiers 34 (3ème et 4ème étage) B.P. 492 Bujumbura to submit your application and related documents.
• By post or email, fax: You can send your application and all required documents via postal or courier service to the address of the Institute for Quality Management and Intellectual Property (MCTIT) at Building des Finances Avenue des Manguiers 34 (3ème et 4ème étage) B.P. 492 Bujumbura.
• Apply online via website: https://igqpi.cv/informacao-propriedade-intelectual/propriedade-industrial/marcas/ When applying online, you should pay attention to the payment of the relevant fee in accordance with the guidelines of the Cape Verde Institute of Quality Management and Intellectual Property.

Trademark registration in Cape Verde through the Madrid system

Cape Verde joined the Madrid System on 6 April 2022, becoming  the 112th member of this international trademark registration system. The Madrid Protocol, to which Cape Verde has acceded, officially entered into force for the country on July 6, 2022.

This means:

• Trademark owners in Cape Verde can now use the Madrid System to extend protection for their trademarks to other member states easily and cost-effectively.
• Foreign trademark owners can now designate Cape Verde in their international trademark applications, extending protection to the country through the Madrid System.

Here are some of the benefits of Cape Verde joining the Madrid System:

For Cabo Verde trademark owners:

• Save cost and time:
  • Simply submit a single application in one language (Portuguese or French) and pay a single fee for trademark protection in multiple countries.
  • Eliminate the need for individual applications in each country, saving on translation, lawyer costs and application fees.
  • The application process is simpler and quicker than applying in person in each country.
• Easy market expansion:
  • Access to a vast market with more than 126 Madrid member states, including many important markets such as the US, EU, Japan and China.
  • Increase your ability to reach potential customers and international sales.
  • Enhance your competitive position in the global market.
• Centralized management:
  • Manage your international trademark portfolio from a single location, simplifying processes and minimizing risk.
  • Track and update registration, renewal and change information easily.
  • Save time and resources in managing intellectual property rights.
• Strong protection:
  • Strengthen trademark protection globally, against infringement and counterfeiting.
  • Limit the infringement of intellectual property rights and protect brand reputation.
  • Create competitive advantage and accelerate brand development.

For foreign trademark owners:

• Verde Market Access:
  • Expand trademark protection to the potential Cape Verde market with more than 550,000 people.
  • Take advantage of business and investment opportunities in Cape Verde.
  • Reach potential customers and increase sales in the Cape Verde market.
• Simple Process:
• A single application for trademark protection in Cape Verde and other Madrid member states is required.
• Eliminate the need to apply in person in Cape Verde, saving costs and time.
• Unified system:
• Use the familiar and easy-to-use international registration system.
• Manage the international trademark portfolio including Cape Verde efficiently.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Cabo Verde designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Cabo Verde of Viet An Law Firm

• Perform the search and notify customers in writing of the results of the trademark search in Cape Verde;
• Draft the application and file directly on behalf of the trademark owner and monitor the status of the trademark application filing in Cape Verde;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Cape Verde;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives performing procedures in Cape Verde.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application in Cape Verde, please contact Viet An Law Firm for the most effective support.

Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.