Angola: Is trademarks success a sign of things to come?

Angola continues to recognise IP rights as an important contribution to a country’s social and economic development and in the last IP Bulletin issued (4/2023), published statistics related to the years 2020 to 2022.

Overall, 2022 was marked by an increase in the request for protection of several rights of Industrial Property, where the demand levels for trademarks and other distinctive signs of trade were 23% higher than those recorded in 2021.

As for patent applications, there was a slight decrease in 2022 compared to 2021, around 8%, with patent applications via the Patent Cooperation Treaty continuing to be the most popular method of filing.

Regarding Industrial Models, there was a small increase in the number of applications in 2022 compared to 2021, approximately 16%, unlike Industrial Designs, which saw a slight reduction of around 8%.

Trademarks, in general, continue to stand out in terms of protection requests compared to other IP rights, with 2022 being the year with the most applications filed since the approval of the Industrial Property Law.

Statistical data for IP rights for 2020, 2021 and 2022

Trademarks

In 2022, there was a significant increase in the total number of applications, with 5,180 applications filed compared to 4,224 applications filed in 2021, representing an 8% increment.

In 2022, similar to 2021, the number of applications from Angolan applicants exceeded the number of applications from non-Angolan applicants.

The statistical data also shows that, in terms of non-resident applicants, China surpassed the US as the country with the highest number of applications filed from 2020 to 2022, with 816 applications, followed by the USA with 756 applications.

In this regard, the applicants’ countries that have filed more trademark applications since 2020 in Angola were the following (not counting local applicants):

2020:

• United States (5.5%)
• China (5.1%)
• South Africa (2.8%)
• Germany (2.5%)
• Japan (2%)

2021:

• China (6.9%)
• United States (5.2%)
• France (3.4%)
• Portugal (2.6%)
• Japan (2.2%)

2022:

• China (6.2%)
• United States (6.1%)
• South Africa (3%)
• France (2.6%)
• Germany (2.4%)

As this data confirms, China and the US remain at the top of the list of applicants for trademark applications, with China surpassing the USA as the main country of origin for trademark applications since 2021.

Specifically, during the year 2022, the PTO granted 5,091 applications, representing an increase of approximately 53% compared to the 2,679 requests granted in 2021.

On the other hand, during this period, the most popular classes of goods/services were:

• Class 35 (18.4%), which includes advertising, business management and administration and office functions;
• Class 5 (7.2%), which is related to pharmaceutical products and other medical and veterinary preparations;
• Class 41 (5.7%), which concerns education, entertainment and sporting and cultural activities;
• Class 30 (5.6%), which considers food products; and
• Class 3 (5.3%), which concerns cosmetic and hygienic products.

Class 35 (advertising, business management, administration, and office functions) remains the most popular class in Angola, based on the prior statistical data published by the Angolan PTO.

However, it's important to note that while classes 3 and 30 remain in the top 5, they have been replaced by Classes 5 (pharmaceuticals and medical products) and 41 (education and entertainment services) in the second and third place, respectively.

In contrast, the less popular classes of goods/services are:

• Class 23 (0.4%)
• Class 13 (0.8%)
• Class 15 (0.8%)
• Class 27 (0.12%)
• Class 22 (0.16%)

In addition to an increase in the number of trademark applications, it is also evident that the PTO has been striving to respond to this surge in demand by significantly increasing the number of trademark registrations granted. Specifically, during the year 2022, the PTO granted 5,091 applications, representing an increase of approximately 53% compared to the 2,679 requests granted in 2021.

This increase in actions by the PTO is not limited to the trademark granting. There has also been an increase in the number of trademark renewals and refusals in 2022 compared to the years 2021 and 2020, as evidenced by the following numbers:

• Trademark renewals: 2653 (2022), 1528 (2021), 1191 (2020)
• Trademark refusals: 318 (2022), 89 (2021), 170 (2020)

Patents and utility models

Regarding patents and utility models, there has been a contrasting trend compared to trademarks, as there has been a decrease in the number of applications filed for these rights. Although there was an increase in patent applications in 2021 compared to 2020 (an increase from 82 requests to 87 requests), the year 2022 had the lowest number of requests (80 requests).

As for utility models, there has been a decline since 2020, with 12 requests in that year, 8 requests in 2021, and 7 requests in 2022.

Regarding the field of patents filed, the highest number of patent applications filed in the referenced years was in the areas of construction, chemistry and metallurgy, associated with the petroleum sector. This is understandable considering that Angola is an oil-producing country, and the petroleum sector remains crucial to its economy.

On the other hand, the PTO seems to follow the trend of a decrease in the number of patent applications filed compared to the grants of patent registrations. Although there was an increase in the number of grants from 2020 to 2021 (from 33 to 49), the number of grants in 2022 was 43, representing a decrease of 12% compared to the year 2021.

Industrial designs and models

Similarly to patent applications, the number of industrial design and model applications has also been declining during the mentioned period. Regarding industrial designs, there was a reduction in the number of applications filed in 2022 (23 applications) compared to 2021 (25 applications), representing an 8% decrease.

As for industrial models, there was a slight increase in the number of applications in 2022 (25 applications) compared to 2021 (21 applications), corresponding to a 16% increase. However, it is insufficient to counter the overall trend, considering the number of applications filed in 2020 (36 applications).

Conclusion

The continuously increasing number of trademarks filed in Angola demonstrates the interest of both national and international applicants in this country.

Indeed, these data not only demonstrate an increase in the demand from market participants to register their trademarks in Angola but also indicate that the Angolan PTO is committed to responding to the constant demand for these registrations.

This commitment is an important factor in ensuring that trademark registration in the country continues to grow, with positive implications for the Angolan economy. By actively facilitating the registration process and granting trademarks efficiently, the PTO supports business development, promotes investment, and strengthens intellectual property protection, all of which contribute to a thriving economic environment in the country.

An important challenge for the Angolan PTO is to make efforts to attract more investment in the registration of patents and industrial designs and models. Investment in this area should not only aim to increase the number of annual grants but also focus on reducing the time required to obtain the respective grants.

This can serve as an incentive to increase the demand for registering these rights. By streamlining and expediting the process, the Angolan PTO can attract more applicants and encourage innovation and creativity in various industries.

Additionally, promoting the benefits and value of patents and industrial designs to businesses and inventors can help raise awareness and generate greater interest in protecting intellectual property in Angola not only in inventions related to the oil sector but also related to other important areas such as technology.

This is a co-published article, which was originally published in the World Intellectual Property Review (WIPR)