– The Industrial Property Code, enacted by Decree-Legislative No. 4/2007 of August 20, 2007.
– Decree No. 22/2007 of August 27, 2007.

– Convention Establishing the World Intellectual Property Organization (WIPO), in force since July 7, 1997.
– WTO’s TRIPS Agreement, since July 23, 2008.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 2010.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 6, 2022.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since July 6, 2022.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since July 6, 2022.
– ARIPO, Banjul Protocol on Marks, since October 14, 2022.

Applicant: any individual or legal entity. 

Applicants not living in the country: must appoint a representative residing in the country. The same power of attorney may be used for each trademark application filed on behalf of same applicant. 

Trademarks of foreigners: if a priority is claimed, a certified copy of home application duly legalized and translated into Portuguese is required.

Kinds of trademarks: industrial marks and trademarks.

Definition: a trademark must allow that the goods or the services of a firm are distinguished from other identical or similar goods and/or services. 

Is not considered as a trademark: a sign which consists exclusively of descriptive indications that may be used in trade to designate the kind, quality, quantity, intended purpose, value or origin of the products or the time of production; or a sign that has become customary in the common language or in the trade habits. The same applies for color except if combined in a particular and distinctive manner with another color or with a sign, a word and another element. 

Not registrable: trademarks, which include in any of its elements: (a) those symbols such as flags, coats of arms, shields or other emblems by the State, municipalities or any other public bodies, national or foreign, without the necessary authorization; (b) official, fiscal or guarantee badges, stamps or seals for trademarks whose registration is intended for goods or services identical or similar to those for which those signs are applied except if authorized; (c) heraldic insignia, coats of arms or escutcheons, medals, decorations, surnames, titles or distinctions of honor that applicant is not entitled to or if he is entitled, if disrespect or disrepute of a similar sign is caused; (d) emblem or name of the Red Cross or any other body to which the government has granted the exclusive right to its use, except if special authorization was obtained; (e) fancy medals or designs liable to be confused with official decorations or medals and awards conferred at official meetings and exhibitions; (f) firm, business name or insignia not owned by the trademark’s applicant or for the use of which the same is not authorized; (g) individual names or portraits without due authorization by whom they relate to and if those persons are deceased, of their successors or relatives up to the sixth degree determined in accordance with the general civil law, even if an authorization was given, the trademark is not registrable if the reproduction disrespects or diminishes the prestige of those persons; (h) containing signs infringing copyrights or industrial property rights; (i) expressions or designs contrary to accepted principles of morality or that offend the law and public order; (j) false indications or indications that may deceive as to the nature, characteristics or intended purpose of the goods covered by the trademark; (k) false indications as to the geographical origin, the country or the place, the factory, ownership, workshop or business; (l) total or partial reproduction of a mark previously registered by another party for the same or similar goods which may cause confusion or error in the market.

Colors: may be claimed.

Classification: the official classification is the International Classification of the Nice Agreement. 

Multi-class applications: possible. 

Priorities: may be claimed.

Territory covered: the whole territory of the Republic of Cabo Verde.

Filing requirements for an application (to be sent to resident agent):
1. Full name, nationality, occupation, address or place of business of the applicant;
2. Nature of the trademark: industrial and/or commercial;
3. Goods and services covered by the trademark;
4. Country where the original application was filed and the respective date if a priority is claimed;
5. Colors to claim;
6. 2 copies of the trademark;
7. Power of attorney, legalized with the Hague Convention Apostille;
8. Photoprint of the trademark.

Examination: on absolute and relative grounds. 

Disclaimers: available.  

Letters of consent: are accepted.

Publication: in the general Official Gazette (Boletim Oficial da República de Cabo Verde), III. Series.

Beginning, duration and extension of protection: ten years as from the date of registration, renewable for further periods of ten years.

Renewal: at the end of each period of ten years.

Ownership: the property of a trademark is assured by its registration. 

Declaration of intent to use: is required to maintain trademarks in force (1) every five years from the date of registration. In the absence of a declaration of intent to use, it is presumed that the mark is not in use; (2) this declaration shall be filed within six months before or six months after the due date; (3) those marks, which have not been the subject of the filing of said declaration, may not be invoked against third parties and forfeiture thereof shall be declared upon any interested party’s request; (4) if forfeiture of the registration has not been requested nor declared, the same shall be deemed again in full force provided the owner thereof produces evidence of the use of the mark.

Opposition: possible.

Marking of registered goods: not compulsory. 

Assignment: the property of a trademark can be transferred. The assignment shall not produce effects if not registered.