Angola
Classification
Although no express provision is made for classification, the International Classification of Goods and Services (Nice Classification) is applied. In terms of the old Portuguese 5-item rule, a fee is payable for each additional item of goods or services beyond the fifth item.
However, as indicated above, express provision is made in the 1992 Act for the registration of a series of marks, by way of a single registration, from the same enterprise or establishment. This possibility is not further elaborated in the law.
Convention priority
Although Angola acceded to the Paris Convention in 2007, no express provision has as yet been made in Angolan law to implement convention priority. However, there is a general provision in the law that an application may contain a statement claiming priority over an earlier application. Accordingly, the Angolan registry appears to permit applications with priority claims. An applicant who has applied for a trade mark in another Paris Convention member country is entitled to a priority right. This accords them the same date as the earlier application, provided the Angolan application is filed within six months of such earlier filing date.
Examination/procedure
An application is examined for inherent registrability, and for possible conflict with prior registrations or pending applications.
In particular, a trade mark application will be refused if the mark contains the following:
- False indications, or indications likely to mislead the public, e.g. as regards the nature of the product or service
- False indications concerning geographical origin, manufacture, etc.
- Symbols and insignia, flags, arms or official signs of the State, international organisations, etc.
- Business names or emblems that do not belong to the applicant
- A reproduction or imitation of a mark previously registered by another person, which could mislead or cause confusion in the marketplace
- Marks contrary to morality or that contravene the law
- Names or likenesses of individuals without the authorisation of the relevant person(s).
The registration of a mark that contravenes the provisions of the law will be null and void.
Opposition
Opposition is possible, although it is not expressly provided for under the applicable law.
Duration and renewal
A trade mark registration is effective for an initial period of 10 years and, thereafter, is renewable for like periods. The renewal fee may be paid within four 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.
Subject matter eligible for protection
The law protects original literary, artistic and scientific works.
The following are specifically mentioned:
- Books, pamphlets, newspapers and other writings
- Lectures, lessons and similar works, whether written or oral
- Dramatic and dramatic-musical works
- Musical works
- Choreographic works
- Cinematographic works
- Television and audiovisual works
- Radiophonic works
- Works of drawing, painting, sculpture, engraving, tapestry and architecture
- Photographic works
- Works of applied art and handicraft
- Illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture
- Works of folklore
- computer programs.
Derivative works are also protected:
- Translations, adaptations, transpositions, arrangements
- Compilations of works, anthologies, encyclopaedias.
Registration of copyright
No registration is required.
Duration of copyright
The economic rights endure for the lifetime of the author plus 50 years after his death (or 25 years in the case of photographic works and works of applied art).
The moral rights continue to subsist after the death of the author.
Angola Registry adopts zero tolerance for delayed filing powers of attorney
The Angola Registry has modified its stance on deadline extensions for filing powers of attorney in trade mark opposition cases, refusing any late filings and deeming it irrelevant to discuss the meri...
February 08 2024
Angola joins DESIGNClass and extends the coverage of TMClass to the Harmonised Data Base
The National Institute of Industrial Property of Angola (IAPI-AO) will use and accept the list of terms from the harmonised database of product indications (HDBPI) in DESIGNClass, as of 30 October 202...
November 13 2023
Angola, Sao Tomé and Principé and Zambia accept and use HBD
The National Service of Intellectual Property and Quality of São Tomé and Príncipe has taken a decision to accept and use the list of terms from the harmonised database of goods and services (HDB) ...
January 16 2023
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