TRADEMARKS FILING AND PROSECUTION ANGOLA
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Angola IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Angola IP Office. In Angola, trademark protection is granted according to the provisions of Law No. 3/92 of February 28, 1992, on Industrial Property, Angola.
Trademark in Angola may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Angolan Institute of Industrial Property Ministry of Industry |
| Filing principle | First to file |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | NO |
| Multi class system | NO |
| Documents required for filing a trade mark application | Name and address of the applicant, clear representation of the trademark, list of goods and/or services, Legalized Power of Attorney and Notarized certificate of incorporation |
| Prosecution process | Filing, examination, publication, registration, renewal |
| Registration term | 10 years from the date of application. |
| Renewal term | 10 years |
Trademark searches in Angola
Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Angola can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Angola to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Angola.
Filing trademark applications in Angola.
A person may file single class trademark application in Angola.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Angola
Ordinary trademark applications filed in Angola are applications without claiming any priority. Multi class trademark applications may also be filed in Angola. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Angola /Convention trademark applications Angola:
A priority trademark application may be filed in Angola. A priority trademark application should be filed in Angola within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Angola within six months after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Angola follows the nice classification of classes. Intellectual property office of Angola uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Angola
Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds (conflicts with an earlier, pre-existing right) of refusal.
Article 35 (Marks excluded from protection)
By virtue of this law, the registration of marks that do not comply with the provisions of Article 31, or marks some or all of the elements of which contain the following, shall be refused:
a) false indications or indications liable to mislead the public as to the nature, characteristics or usefulness of the products or services using the mark;
b) false indications concerning geographical origin, manufacture, ownership, office or establishment;
c) symbols such as insignia, flags, arms or official signs adopted by the State, commissariats, international organizations or any other public entities, whether Angolan or foreign, without due authorization from these bodies;
d) signatures, names or establishment names that do not belong to the person applying for the mark or which said applicant is authorized to use;
e) reproduction or imitation, in whole or in part, of a mark previously registered by another person for the same or similar products or services, which could be misleading or could cause confusion in the marketplace;
f) expressions or drawings contrary to common decency or that contravene the law or public policy;
g) individual names or likenesses without due authorization from the persons to whom they relate.
Trademark Opposition in Angola
Any interested person, within 2 months from the date of publication of the mark in the Official Bulletin, has the right to file to the Controller an opposition to the registration of the mark.
Trademark registration in Angola
The mark will be registered for a period of 10 years from date of application, and the registration certificate is issued.
Trademark Renewal in Angola
You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.