In March, the Angolan government declared a state of emergency
due to the outbreak of covid-19, enforcing mandatory lockdowns and
the closure of all establishments trading non-essential goods and
services. This lasted approximately one month, and since then the
subject of the mandatory use of trademarks has frequently
arisen.
The exception provided in Article 39(d) of the Angolan IP Law
– which determines that trademark registration may expire due
to non-use for a period exceeding two years, except in the case of
a duly justified force majeure –was
applicable during the state of emergency. Fortunately, the
country's state of emergency was a justified reason
for force majeure. However, as the state of
emergency has now been lifted and economic activity has largely
resumed, the question arises as to whether covid-19 is still a
justified reason for non-use. Since the relevant legislation refers
to the force majeure generally, rather than
defining concrete grounds
