HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Angola

HOW TO REGISTER A PATENT



The requirements for filing a non-PCT application in Angola are as follows:

  1. Power of Attorney (signed, notarised and legalised up to an Angolan consul) - can be late filed within three months;
  2. Specification, claims, formal drawings, and abstract in Portuguese - required on the day of filing, see notes below;
  3. Assignment of Invention (signed, notarised and legalised up to an Angolan consul) - can be late filed within three months; and
  4. Certified copy of the priority document (signed, notarised and legalised up to an Angolan consul) with verified Portuguese translation of the front cover thereof - can be late filed, within three months.

The application can be filed with an English specification provided a verified Portuguese translation is filed within three months of the application filing date.


The requirements for filing a PCT application in Angola are as follows:

  1. Power of Attorney (signed, notarised and legalised up to an Angolan consul) - can be late filed within three months;
  2. Specification, claims, formal drawings, and abstract in Portuguese - can be late filed within three months;
  3. Assignment of Invention (signed, notarised and legalised up to an Angolan consul) - can be late filed within three months; and
  4. Copy of PCT International advertisement - required on day of filing.

We estimate that the cost for filing a patent application in Angola will be about US$ 2300.00.  The translation of any documents from English to Portuguese will cost about US$ 20.00 per 100 words, if required.

Furthermore, please note that for PCT applications, the second annuity (and sometimes even the third annuity) is/are also payable upon filing at a further cost of about US$ 300.00 per annuity.


HOW TO REGISTER A DESIGN



Angola does recognize claims to priority provided the application is filed within 6 months of the first filed application.

The requirements for filing an application in Angola are as follows:

  1. Power of Attorney (signed, notarised and legalised up to an Angolan consul) - can be late filed within two months;

  2. 1) Name, nationality, occupation and address of the applicant;
    2) A sample of the model or a graphic representation of the model or the design
    3) Description of the novelty and the utility that is conferred to a utility model or simply the novelty if it refers to an industrial model or to an industrial design.

  3. Assignment of Invention (signed, notarised and legalised up to an Angolan consul) - can be late filed within three months; and

  4. Certified copy of the priority document (signed, notarised and legalised up to an Angolan consul) with verified Portuguese translation - can be late filed within three months.

We estimate that the cost for filing a design application in Angola will be about US$ 2500.00.  To this must be added the fees for claiming each priority date at about US$ 160.00 per priority claim.  The translation of any documents from English to Portuguese will cost about US$ 40.00 per 100 words, if required.


HOW TO REGISTER A TRADE MARK



1.    Filing requirements

  1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
  2. List of goods and/or services.
  3. Clear print of device mark
  4. A notarised power of attorney legalised to Angolan consular level
  5. A Certificate of Incorporation/Extract from the Commercial Register (showing the corporate purpose is connected to the trademarks goods/services), legalised by Angolan Consul together with a notarised Portuguese translation thereof
  6. If priority is claimed: a certified copy of home application/registration together with notarised Portuguese translation thereof.
  7. Change of address recordal – A legalised document proving the change of address together with a certified Portuguese translation and POA (legalised by Angolan Consul together with a notarised Portuguese translation thereof)

2.    Classification

  1. The 45 classes of the International Classification (Nice Agreement) are followed.
  2. Only five items in each International Class may be covered by each Angolan trade mark application.   Additional charges for extra items of $16 each.
  3. Multi-class - No.

3.    General

  1. Duration : 10 years from date of application and renewable for further periods of 10 years (even if priority is claimed, the date is still calculated from application date)
  2. Use : A registered trade mark may be cancelled on action by an interested party if it has not been used by the owner or licensee for a continuous period of 2 years after the date of registration
  3. Licenses : Recordal not compulsory but advisable.
  4. Assignments : Assignment of applications permissible.
  5. Informal searches take approximately 5 – 7 working days and is searched on an internal database
  6. Formal searches take approximately 3-4 months and are done at the IP Office


LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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