Trade and Service Marks

– See: Patents.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since April 15, 1985.
– WTO’s TRIPS Agreement, since November 23, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 27, 2007.

Necessary steps are being taken for accession to the Madrid Agreement and Protocol.

Filing

Applicant: any individual or legal entity (firm, company, corporation, groups of companies, etc.). 

Applicants not living in the country: must appoint a representative residing in the country. The same legalized 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. Also required is evidence issued by a competent body of the applicant’s home country (namely a Chamber of Commerce) that the mark is related to the foreign applicant’s commercial, industrial or professional activity that the applicant lawfully exercises in his home country. This evidence must be duly legalized and translated into Portuguese. 

Types of trademarks: industrial marks, trademarks and service marks (word or device or combination of both).

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. 

Not registrable: trademarks which include in any of its elements: (a) false indications or indications that may deceive as to the nature, characteristics or utility of the goods or services covered by the trademark; (b) false indications as to the geographical origin, factory, ownership, workshop or business; (c) those symbols such as insignia, flags, coats of arms, official seals adopted by the State, commissariat, international organizations or any other public bodies, national or foreign, without the necessary authorization; (d) firm, business name or insignia not owned by the mark’s applicant or for the use of which the same is not authorized; (e) total or partial reproduction of a mark previously registered by another party for the same or similar goods and/or services which may cause confusion or error in the market; (f) expressions or designs contrary to accepted principles of morality or which may offend the law and public order; (g) individual names or portraits without due authorization by whom they relate to.

Collective marks: trade associations and entrepreneurial groups may register collective marks to distinguish the products manufactured or sold, or the services rendered by each member of the group.

List of goods: each application can only refer to goods or services of one class. 

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

Priorities: may be claimed.

Territory covered: the whole territory of the Republic of Angola.

Filing requirements for an application (to be sent to resident agent):
1. Name, firm or company name, occupation and domicile or place of business of the applicant;
2. 4 prints of the mark;
3. Specification of goods or services (International Classification);
4. Certified copy of home application together with legalized Portuguese translation, if priority is claimed;
5. For overseas applicants, acceptable evidence that the mark sought to be registered is related to their trade, industrial or professional activity which is seriously and lawfully exercised in the country of origin;
6. In the case of a collective mark, legal or by-law provisions establishing its system and use;
7. An authorization from the owner of a foreign mark being represented by the applicant;
8. An authorization from the person whose name, firm or insignia or portrait is shown in the mark;
9. Power of attorney signed by the applicant, notarized and legalized by an Angolan Consulate. This document can be sent after the application has been filed.

Note: it is currently possible to file a trade or service mark application for any number of goods or services as long as they belong to the same class. However, to the basic fee, an additional fee is charged for each product or service beyond the first five.

Examination

Examination: on absolute and relative grounds. 

Disclaimers: available.  

Letters of consent: not accepted.

Publication: in the Angolan Bulletin of Industrial Property.

Opposition: not provided for; however an administrative appeal can be submitted within sixty days after the publication.

Protection

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

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

Latest term for renewal: up to four months after the normal period has elapsed.

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

Use: compulsory. If the mark is not used, except for “force majeure” reasons, for a period of two consecutive years, the registration may be declared forfeited upon request by a third party. Is considered as valid trademark use: export to other countries; use by a licensee (the recordal of the license is not expressly required, although advisable).

Marking of registered goods: not compulsory. 

Restoration: up to one year after the registration has lapsed, provided that the owner of the mark proves that a fair reason prevented the renewal of the registration within the legal term. 

Assignment: the property of a trademark can be transferred. 

Licenses: licenses can be granted by an agreement.