Angola

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.

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.

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 is possible, although it is not expressly provided for under the applicable law.

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.