Details Design Registration Cape Verde
Here you can mandate us to obtain design protection in Cape Verde. We will prepare and file your design application in Cape Verde and inform you about the progress of proceeding.
The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a registered industrial design in Cape Verdeon. Our offer includes the fees of the patent office for registration, publication and registration.
In Cape Verde a design shall mean the ornament or aesthetic aspect of an article, including the appearance of the whole, or part, of a product resulting from the features of, in particular, lines, contours, colors, shape, texture or materials, of the product itself and its ornamentation.
Only original and new designs of distinctive character shall enjoy legal protection. But Designs which, whilst not being entirely new, involve novel combinations of known elements or a different layout of elements already used, in such a way as to endow the respective subject matter with a distinctive character shall also enjoy legal protection.
A design shall be new if, before the respective application for registration or priority claim, no identical design has been disclosed to the public in the country or abroad. Designs shall be considered identical if their specific characteristics differ only in terms of insignificant details.
A design shall be considered to be distinctive if the overall impression that it gives to an informed user differs from the overall impression caused to that user by any design made public prior to the date of the registration application or priority claim.
A registered design right in Cape Verde will be established through a registration.
The maximum term of protection in Cape Verde is 25 years provided the registration is renewed 4 times for periods of 5 years each.
The first term of design protection in Cape Verde will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Cape Verde and if the priority of this foreign application date for the new application in Cape Verde was claimed.
The same application may not be used to request more than one registration and a different registration shall correspond to each design. A single registration may include designs which share the same preponderant distinctive characteristics, up to a limit of 10, in order to constitute a set of interrelated objects, in terms of their purpose or application.
On filing an application to register a design, the applicant may request that its publication be postponed for no more than 30 months as of the date of filing of the application or priority claimed.
The accepted application will be published. The publication shall take place up to six months from the date of the registration application. The publication of the application in the Industrial Property Gazette shall make way for the presentation of claims by those who consider themselves prejudiced by the grant of the registration.
If no examination has been requested and there has been no opposition, the registration shall provisionally be granted.
The certificate of provisional registration shall be issued to the applicant. The validity of the certificate of provisional registration shall cease once an examination has been requested.
The provisional registered design in Cape Verde is therefore an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Examination may be requested during the application phase, or during the validity of the provisional registration.
If, on examination, it is decided that the registration may be granted, the respective notice shall be published.
For the registration of a design in Cape Verde you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Our offer does not include any services in regard to oppositions or examination requests.
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