Cape Verde Now Accepting Trademark Applications

We understand that it is now possible to file trademark applications in Cape Verde, although the legal framework for doing so is in question. Following independence from Portugal in 1975 it was no longer possible to renew previously extended Portuguese registrations, although cautionary notices have been an option since that time.

Cape Verdean Decree Law No. 7/2003 provides for the replacement of the previous Portuguese Industrial Property Law of 1940, but the new Decree Law has not yet been officially enacted. Nevertheless, local authorities have begun to accept trademark applications. It is not certain what legal effect such applications will have when the new law is officially enacted, but owners of brands with a presence in Cape Verde or of brands that are well-known, may wish to file applications now as a precautionary measure in the event that priority is accorded to such applications when the new law is officially enacted.