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Angola (AO)

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Mrz 29, 2018 (Newsletter Issue 6/18)
Registry Payment Procedures Amended
The Ministry of Finance recently announced a change in the payment procedure for all Public Departments including the Industrial Property Office pursuant to Executive Decree No. 21/97, together with Executive Decree 30/11.

Effective from March 1, 2018, all payments relating to industrial property deeds must be made at the Tax Office, into the sole treasury account, on the presentation of a payment note issued by the Industrial Property Office. The Tax Office will then issue a revenue collection document, which must be submitted to the Industrial Property Office. In the circumstances, any person interested in making payment of official fees will first need to obtain a payment note from the Industrial Property Office, then make payment of the official fees at the Tax Office and, thereafter, submit the application together with the stamped payment note and revenue collection document to the Industrial Property Office.

The payment note must be stamped by the Tax Office and submitted to the Industrial Property Office, together with the revenue collection document, on the same date on which payment is made. Alternatively, the applicant will have 24 hours from the date on which the payment note is issued within which to submit its application to the Industrial Property Office failing which, additional costs will be incurred.


Jan 30, 2018 (Newsletter Issue 2/18)
PTO Notification to Update Registered Trademark
The Angolan PTO published a notification, requesting all applicants and/or attorneys of trademark applications numbered from 5,001 to 20,757 to present the following documents in order to update the files respective to these trademarks:

- Copy of the official filing receipt or application request;
- Power of Attorney or Proxy;
- Certificate of Incorporation, proving the company's commercial activity in its native country;
- Official payment receipt of the granting fee and/ or renewal fee;
- Other relevant documents (recordals, assignments).

All documents shall be legalised at the Angolan Consulate of the applicant's country or the nearest country, and duly translated into Portuguese and certified by a Public Notary.

In light of the above, in case the aforementioned trademark files are not updated by presenting the requested documentation, it will lead to their expiration/forfeiture according to the law.

Trademarks already granted or refused are excluded of this actualisation process. The deadline to present the referred documents is 12 months, counting from the publishing date of Industrial Property Bulletin No. 11/2017, December 26, 2017. Therefor these documents shall be filed until December 26, 2018.

Source: Inventa International, Angola

Jul 14, 2015 (Newsletter Issue 11/15)
TM Owners Need to Re-Submit Documents
The Angolan Institute of Industrial Property (IAPI) informed that a substantial backlog has accumulated since the implementation of Angola’s IP law in 1992, and in an effort to address this, the Director General has initiated a restructuring programme.

A notification has been issued to owners of pending and registered trade marks with an allotted official number from 0001 to 5000.

Trade mark owners must re-submit the following documents for the purpose of updating the official files at the Registry:
1. Photocopies of the official filing forms, which include copies of the application as filed, together with copies of any requests for renewal and/or any subsequent changes of ownership.
2. Power of attorney, incorporating a verified Portuguese translation, legalised up to an Angolan Consul.
3. A certificate of incorporation/extract from the Commercial Register with verified Portuguese translation legalised up to an Angolan Consul.
IAPI has confirmed that photocopies of the legalised supporting documentation will be accepted provided that the authentication stamp is visible.

IAPI will also accept copy documents originally legalised by Apostille in accordance with the practice at the time of the original filing.

All documents are to be submitted by September 28, 2015. Failure to comply may lead to the invalidation of the trade mark(s).

Source: Spoor & Fisher, South Africa

Legal basis is the Industrial Property Act, Law no 3/92 of 1992, Chapters IV – VII, in force since 28 February 1992.
Angola is a member of Paris Convention (since 2007), Patent Cooperation Treaty (since 2007), WIPO Convention (since 1985) and WTO/TRIPS (since 1996).
Angola is not a member of the Madrid Agreement or the Madrid Protocol.
Trademark protection is obtained by registration. No express provision is made for well-known marks.
Nice classification, 11th edition.
Each Angolan trademark application can cover only five items. Additional charges must be paid for every extra item.
Word or device marks, as defined in Article 31 of the Industrial Property Act, Law no 3/92 of 1992, may be registered. They include a sign or a set of signs that are visual, nominative, figurative or emblematic. The sign or set of signs should make it possible to distinguish the products or services of an enterprise from other identical or similar signs. The signs may be patronymics, geographical names, arbitrary or fanciful names, monograms, emblems, figures, ciphers, labels, combinations or arrangements of colours, designs, photographs or seals.
The Act also refers to industrial, trade and service marks without, however, defining these types of marks.
Express provision is made for the registration in a single registration of a series of marks from the same enterprise or establishment, whether the same or different from one another, and irrespective of the indication of products. No express provision is made for defensive marks.
Chapter IV of the Industrial Property Act, Law no 3/92 of 1992 also provides for the registration of collective marks. As such collective marks are marks which are used by economic groups with the aim to distinguish the products manufactured or sold or the services which are provided by each one of the members of the group.
The following trademark types are registrable: trademarks (goods / services), collective trademarks and series trademarks.
The application is filed at the Angolan Institute of Industrial Property (IAPI).
The application must be in a form of a request, drafted in the Portuguese language.
A separate application has to be filed for each class considering that Angola has a single class filing system.
A notarised power of attorney authenticated by an Angolan Consulate is necessary.
It is possible to file an application without having the power of attorney and activity document. These documents can be submitted at a later date with the payment of a late filing fee.
If the applicant is a company, a certified copy of the certificate of incorporation (legalised)/ extract from the Commercial Register, legalised by the Angolan Consulate together with a Portuguese translation thereof is needed.
Further, details of the mark and the prints of the mark are required.
In case priority is claimed, a certified copy of home application or the registration with a sworn Portuguese translation.
Foreign applicants do not need a domestic registration but they need a local agent.
An application is examined for inherent registrability, and for possible conflict with prior registrations or pending applications.
Trademark applications are published for opposition purposes in the Official Gazette prior to examination. Once the opposition term expires uneventfully, applications are examined. Thereafter, a notification of grant is advertised in the Official Gazette.
The approximate time frame for completing the registration process of a trademark in Angola is from 24 months to 48 months.
The opposition period is 2 months from the publication date of the application.
A trademark registration is valid for 10 years from date of filing of the application. The registration is renewable for periods of 10 years on payment of the prescribed fee.
The renewal fee may be paid within 4 months after the expiry of the term. If the renewal is not paid in time, the registration lapses. Revalidation of the mark may be requested within a period of one year from the end of the period of protection, if valid reasons can be shown for the failure to renew.

Further practical details are available in our publication on this topic here
A trademark must be used in order to avoid cancellation. However, there is no mention of a specific time period within which use is to take place. The law merely provides for cancellation in the case of non-use in consecutive years, unless force majeure can be proved. An intent-to-use application can be filed.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is AOA 2,794.00 in one class and AOA 440.00 for each good or service after the first five. The grant of a Registration certificate costs AOA 6,045.00.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Sep 04, 2018
IPvocate Africa Legal Advisers Ltd., Ebène, Mauritius

Aug 24, 2016
IPvocate Africa Legal Advisers Ltd., Ebène, Mauritius

Okt 22, 2013
Adams & Adams, Pretoria, South Africa

Angolan Institute of Industrial Property (IAPI)
Rua Cerqueira Lukoki No. 25
6 andar
Caixa Postal 3840
Tel +244 912 028 509
Fax +244 222 336 428
Further phone numbers:
+ 244 222 004 991
+ 244 923 404 355
+ 244 923 756 145

Copies to:

Mrs Ana Paula Miguel Bolivar, Director-General