";
A trademark is a key element of differentiation and value enhancement for any company. Protecting your trademark is essential for securing your commercial identity and avoiding fraudulent use by third parties. By obtaining an official registration, anyone can guarantee a monopoly of exploitation and strengthen their credibility.
In the OAPI space, where the protection of trademarks or service marks is based on a unified system with the revised Bangui Agreement 2015, it is crucial to follow the appropriate procedures to ensure effective and lasting protection against any unauthorised use. Below are six (6) essential points to follow in order to protect your trademark in the OAPI zone.
- Prior art search
OAPI recommends that a prior art search be carried out by its services prior to any trademark registration application, in order to check that the trademark in question is not already
protected by a third party.
The file to be submitted for this search must include:
➢ an application for registration completed on the required form,
➢ proof of payment of fees,
➢ a power of representation, if necessary, if the applicant is represented by an agent.
2. Filing of the application
The application for registration is filed with the Organisation or the National Industrial Property Administration. The file shall contain :
➢ a request addressed to the Director General of the Organization;
➢ proof of payment to the Organization of the required fees;
➢ a reproduction of the mark, together with a clear and complete enumeration of the goods or services to which the mark applies, and of the corresponding classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks as defined by the Nice Agreement;
➢ the regulations laying down the conditions of use, if it is a collective mark or a collective certification mark;
➢ the priority document, if applicable;
➢ a private power of attorney, without a stamp, if the applicant is represented by a proxy.
3. Examination of the application and registration
OAPI checks that the application for registration is in order and that the fees have been paid. If the conditions are met, the trademark is registered and published. If not, the application is rejected.
For irregular applications, there is a possibility of regularisation within thirty (30) days.
4. Rights conferred by registration
Registration of a trademark confers on its owner an exclusive property right in the goods and services designated. Accordingly, the owner or exclusive licensee may prohibit any use or exploitation of the said trademark or a similar trademark by third parties unless a legalnexception applies.
5. Term and renewal of registration
The registration of a trademark is valid for ten (10) years from the filing date.
➢ It may be renewed indefinitely every ten years. The application for renewal must be made during the last year of validity, with payment of the prescribed fees.
➢ A grace period of six (6) months is granted after expiry, subject to a surcharge.
➢ In the absence of renewal, the owner loses his right to the trademark. It should also be noted that a trademark whose registration has not been renewed may not be registered in favour of a third party, for identical or similar goods or services, less than three years after expiry of the registration or renewal period.
6. Cost (in CFA francs)
The application form for the registration of a trade mark shows the following fees to ensure the validity of the application:
➢ Application fee: 360,000
➢ Fee per class of goods or services above 1st class: 75,000