Capital: Praia
Population: 400,000
Major languages: Portuguese, Crioulo (a mixture of archaic Portuguese and African words)
Major religions: Christianity
Form of government: Multiparty republic
Monetary unit: 1 Cape Verdean escudo = 100 centavos
Main exports: Shoes, clothes, fish, bananas, hides, pozzolana (a volcanic rock used in making cement). The tourism industry, though small, is growing in importance.
Internet domain: .cv
Time zone: GMT-1
International dialling code: +238

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Trade Marks

For nearly thirty years from independence in 1975 there was no effective Industrial Property legislation, and an informal practice evolved of publishing Cautionary Notices in local newspapers. More recently, a Portuguese Code of 1940 was revived and an IP Office established, which enabled applications to be filed in preparation for the implementation of a new law. This new legislation, Decree-Law No. 4-2007, came into effect in August 2007, and recognizes applications filed under the repealed 1940 Code. 

International Arrangements
None, but the 2007 Code, like that of 1940, provides for priority to be claimed and such claims are recognised in practice.

Categories of Trade Marks
There are provisions for the registration of SERVICE MARKS and COLLECTIVE MARKS.

There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS

Classification
The International Classification of goods and services applies.

A single application may cover any number of classes of goods and/or services.

Documents required
A. New Applications

1. Power of Attorney #

2. 15 prints of the mark.

3.  Priority document (if applicable), with verified Portuguese translation.

B. Renewals
As the legislation is new, no renewals will be due for several years.

C. Assignments/Mergers

1. Power of Attorney #

2. Deed of Assignment or other instrument of title, with verified Portuguese translation.

D. Change of Name

1. Power of Attorney #
2. Certificate of Change of Name, with verified Portuguese translation.

E. Change of Address

1. Power of Attorney #

F. Licences/Registered Users

1. Power of Attorney #
2. Licence Agreement, with verified Portuguese translation.

# To be authenticated by Notary

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Related News Articles

1) New IP Law in Cape Verde 

Patents

Following independence from Portugal in 1975 it was generally understood that there was no effective Industrial Property law and that the filing of a patent application has not been possible. However, in recent developments:

• It has been acknowledged that the Portuguese Industrial Property Code of 1940, which applied to Cape Verde during colonial times, remains in force locally. 
• Preparations are being made to introduce national Industrial Property legislation to replace that code.
• An Industrial Property Office has been established. It is not yet fully operational and details of patent requirements and forms are still being settled.

We are not currently advising clients to file patent applications under the 1940 Code. Clients interested in patent protection in Cape Verde are welcome to consult Spoor & Fisher Jersey who will be delighted to advise in more detail and keep them up to date with developments.

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