Oct 06, 2022 (Newsletter Issue 14/22)Clarification via Disclaimer that TM Is Not Equal to Health Authority AuthorisationIn order to curb misuse of pharmaceutical trademark registrations, the Angolan trademarks office (IAPI) has issued notice 9/2022 which states that, going forward, all registration certificates for pharmaceutical trademarks in class 5 shall now contain the following disclaimer:
“This title grants the right of ownership and exclusive use of the trademark throughout the national territory, excluding the certification of the pharmaceutical product (registration and authorization for the introduction of the drug in the Angolan market), which is the attribution of the Department of the competent Ministry.”
The IAPI is taking this preventive measure in order to clarify that trademark registration does not necessarily mean that a proprietor has obtained the necessary authority to launch a particular pharmaceutical product in Angola.
The requirement took effect for 29 July 2022.
For more information, please click here Source: www.adams.africa Apr 02, 2020 (Newsletter Issue 5/20)
Official Fees Increased
The Presidential Decree no. 62/20 authorising the increase of the official fees relating to the filing and prosecution of trademarks, patents, design and utility models in Angola.
However, the new fees were due to enter into force on March 20, 2020, but as a consequence of the state of emergency declared following the Covid-19 outbreak, the fees have been suspended until further instructions are issued by the Angolan Industrial Property Office.
One of the more noteworthy changes specifically relating to trademark applications are that all fees (including filing, 1st and 2nd publication fees, as well as grant fees for the issuance of registration certificates) are to be paid upfront.
At this stage it is unclear how this will effect current applications (i.e. those filed up to 19 March 2020), specifically regarding the issuance of registration certificates and the payment of grant fees.
Source: www.adams.africa; www.IPvocateAfrica.com
Mar 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.
Source: www.adamsadams.com
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 in one class. 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 IP Bulleting prior to examination. Once the opposition term expires uneventfully, applications are examined. Thereafter, a notification of grant is advertised in the IP Bulletin.
The approximate time frame for completing the registration process of a trademark in Angola is from 24 months to 48 months.
National:
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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is AOA 11,176 in one class and AOA 792 for each good or service after the first five.
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Practical details on trademark licensing are available in our publication
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General Trademark Regulations
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