Trademark Registration In Angola: A Step-By-Step Guide

Angola's trademark registration process is a crucial step for businesses seeking to protect their brands and intellectual property rights in the country. With a valid trademark, businesses can enforce their legal rights and prevent others from using their brands without authorisation. This guide will outline the key steps and requirements for obtaining a trademark in Angola, including eligibility, documentation, timeframes, and costs, helping businesses navigate the process effectively.

Check if your trademark is distinctive, original, and legal

When registering a trademark in Angola, it's essential to ensure that your trademark is distinctive, original, and legal to avoid potential issues and conflicts. Here are some detailed steps to help you check if your trademark meets these criteria:

• Distinctiveness: A trademark should be unique and distinguishable from others in the market. It can be a word, name, symbol, device, brand, heading, label, ticket, shape, signature, or any combination of these elements. Ensure that your trademark is not merely descriptive of the goods or services you provide. It should be inherently distinctive, creating a unique association with your products or services.
• Originality: Before registering your trademark, conduct a comprehensive search to ensure originality. Use the Angolan Trademark Office's pre-registration search to determine the likelihood of registering your trademark. Additionally, consider using online databases and search tools offered by intellectual property organizations to check for existing trademarks. By performing these searches, you can avoid potential conflicts and make any necessary amendments to your trademark.
• Legal Compliance: To ensure your trademark is legal in Angola, it's important to understand the local laws and regulations. Angola's trademark law defines a trademark as any visible sign used to distinguish products or services from those of others. Trademarks can include surnames, geographical names, words, monograms, emblems, figures, labels, colour combinations, drawings, photographs, and other visible signs. However, certain marks are not registrable, such as those containing false indications or likely to deceive the public regarding the nature, characteristics, or utility of the associated products or services. Additionally, insignia, flags, coats of arms, or official seals adopted by the state or any public body cannot be used without the consent of the competent authorities. Ensure that your trademark does not fall into any of the prohibited categories to ensure compliance with Angolan trademark laws.

By following these steps and conducting thorough research, you can ensure that your trademark is distinctive, original, and compliant with Angolan laws, setting you on the right path toward successful trademark registration and protection in Angola.

Prepare the required documents, including an original power of attorney

To register a trademark in Angola, you must submit an original power of attorney document that is signed, notarised, and legalised before the Angolan consulate. This document must be in your name as the applicant.

The power of attorney is one of several documents that you need to submit as part of your application. Others include:

• A copy of the mark (in the case of a device mark)
• A certified copy of the home application, if a priority claim is being made
• A list of goods and services
• An extract from the commercial registry of the applicant to demonstrate the activity of the company, duly legalised by an Angolan consulate

All documents must be translated into Portuguese and legalised by the Angolan consulate located in the country of the applicant.

You can start the trademark registration procedure online and pay with a credit card, wire transfer, or PayPal. Once your payment is received, you will receive instructions and a list of signed documentation to be submitted.

Translate documents into Portuguese and get them legalised by an Angolan consulate

To register a trademark in Angola, you must file an application with the Angolan Institute of Industrial Property (IAPI). Before filing, it is recommended that you carry out a pre-registration trademark search to determine the chances of registering your trademark. The average application process takes 36 months.

To file a trademark application in Angola, you will need the following documents:

• The applicant's full name, nationality, occupation, address, or place of business.
• A copy of the mark (in the case of a device mark).
• A certified copy of the home application, if a priority claim is made.
• A list of goods and services.
• Power of attorney signed by the applicant, notarized by a notary, and legalised by an Angolan consulate.
• An extract from the commercial registry of the applicant to demonstrate the activity of the company, duly legalised by an Angolan consulate.

All documents must be translated into Portuguese and the related translation must be legalised by the Angolan consulate located in the country of the applicant.

• Translate the documents: Find a professional translation service that offers translation from the source language into Portuguese. Ensure that the translation service is officially recognised by the relevant authorities, such as the Foreign, Commonwealth, and Development Office (FCDO) and the Angolan Consulate.
• Legalisation by the Angolan Consulate: Schedule an appointment with the Angolan consulate located in your country and submit the original documents along with their translations. The consulate will review the documents and translations and legalise them if they meet the requirements.
• Apostille: In countries that have signed the Hague Convention of 5 October 1961, the legalisation process may be replaced by an "apostille". The apostille is obtained from the competent national authority designated by each state, usually the Ministry of Foreign Affairs. This step may vary depending on the country where the documents are being legalised.

By following these steps, you can ensure that your documents are translated into Portuguese and legalised by the Angolan consulate, which is a necessary step in the process of registering a trademark in Angola.

File your application with the Angolan Institute of Industrial Property (IAPI)

To file your application with the Angolan Institute of Industrial Property (IAPI), you must submit the following documentation:

• The applicant's full name, nationality, occupation, address, or place of business.
• A copy of the mark (in the case of a device mark).
• A certified copy of the home application, if a priority claim is being made.
• A list of goods and services.
• A power of attorney document, signed by the applicant, notarised by a notary, and legalised by an Angolan consulate.
• An extract from the commercial registry of the applicant, demonstrating the activity of the company, duly legalised by an Angolan consulate.

All documents must be translated into Portuguese, and the translation must be legalised by the Angolan consulate located in the applicant's country.

It is important to note that there is no multi-class registration system in Angola. Therefore, a separate application should be filed for each class of products and services.

The average application process takes around 36 months. After registration, trademarks are valid for ten years and can be renewed indefinitely for further ten-year periods.

Expect the process to take around 36 months

The process of trademark registration in Angola can be lengthy, with an average application process taking around 36 months. This timeframe can vary depending on various factors, and it is essential to be prepared for potential delays. Here are some key factors to consider:

Firstly, the administrative procedures carried out by the Angolan National Institute of Industrial Property (PTMO) may take longer than expected due to a lack of human and technical resources. This can result in a delay of a few years before obtaining the registration of your trademark if no opposition is filed against your application. Therefore, it is crucial to factor in this potential delay when planning your business activities and strategies.

Secondly, the complexity of your case can influence the processing time. The 36-month estimate is based on straightforward cases, and more complex applications may experience longer processing times. It is important to ensure that your application meets all the requirements and provides all the necessary documentation to avoid unnecessary delays.

Thirdly, the current workload of the PTMO can impact the processing time. At times, the institute may experience a higher volume of applications, which can lead to longer processing times. This is beyond the control of applicants, but it is an important factor to keep in mind.

Additionally, it is worth noting that the 36-month estimate is for the entire process, from the initial application filing to the granting of the trademark certificate. This includes the time required for the examination of your application, which typically takes around three months. The examination process focuses on ensuring compliance with formal requirements, and there is no examination for potential conflicts with other trademarks.

To summarise, while the average application process for trademark registration in Angola takes around 36 months, this timeframe is not set in stone. It is important to be prepared for potential delays and allow for flexibility in your business planning. By staying informed and working with local experts, you can navigate the trademark registration process effectively and efficiently.

Frequently asked questions