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OAPI Industrial Property Law

Multi-Class Filing System
Classification of goods and services - Nice Classification 11th Edition
Paris Convention Member
Priority can be claimed under Paris Convention
International filing under Madrid Protocol and Madrid Agreement - Applicable
Protection Term - 10 years from filing date
Examination - Formality and Substantive
Use - a registered mark may be subject to cancellation action by interested parties if not used for 5 uninterrupted years
Trademark Renewal should be done 6 months before expiry
Grace period for renewal after expiry is 6 months with penalty

Power of attorney, simply signed and stamped
Certified copy of the priority document if claimed, with French translation

Power of attorney, simply signed and stamped
Copy of the registration certificate or last renewal certificate

Power of attorney, simply signed and stamped by assignee
Deed of assignment signed by the assignor and assignee, with French translation

Power of attorney, simply signed and stamped
Merger agreement, with French translation

Power of attorney, simply signed and stamped by licensee
Certified, notarized, or legalized license agreement signed by both parties

Power of attorney showing the new name or address, simply signed and stamped
Certificate of incorporation or extract from the commercial register or certificate showing the change, with French translation

OAPI Industrial Property Law

Member of PCT and Paris Convention
Priority can be claimed under Paris Convention within 12 months from the first filing date
Examination - Formality only
Patent Term - 20 years
Annuities are paid annually from the first anniversary of the filing date

Power of attorney, simply signed and stamped
Specification, claims, formal drawings if any, and abstract in English or French
Deed of assignment if the applicant is not the inventor
Certified copy of the priority document if claimed, with French translation

No documents required

Power of attorney, simply signed and stamped by assignee
Deed of assignment signed by the assignor and assignee, with French translation

Power of attorney, simply signed and stamped
Merger agreement, with French translation

Power of attorney, simply signed and stamped by licensee
License agreement signed by both parties, certified, notarised, or legalised

Power of attorney showing the new name or address, simply signed and stamped
Certified copy of the certificate of incorporation/extract from the commercial register showing the change, with French translation

OAPI Industrial Property Law

Member of Paris Convention
Priority can be claimed under Paris Convention within 6 months from the first filing date
Term of Protection -15 years
Annuities are paid every 5 years until expiry

Power of attorney, simply signed and stamped
Deed of assignment if the applicant is not the inventor
Three sets of the formal drawings of the design
Full description of the design with French translation

No documents required

Power of attorney, simply signed and stamped by assignee
Deed of assignment signed by the assignor and assignee, with French translation

Power of attorney, simply signed and stamped
Merger agreement with French translation

Power of attorney signed and stamped by the licensee
License agreement signed by both parties, certified, notarised, or legalised

License agreement signed by both parties, certified, notarised, or legalised
Certified copy of the certificate of incorporation or the extract from the commercial register showing the change, with French translation

OAPI Trademark Process

Learn more about the process

Trademark Review

Your lawyers will help you to review the trademark(s) to be registered and advise you of the best protection approach according to the OAPI laws and requirements.

Classification

With the knowledge of your goods/services, your lawyers will assist you with identifying the most appropriate international class for your trademark.

Trademark Search

Although not mandatory, a trademark clearance search should be conducted to establish if your trademark can be registered and used in the market.

Filing

Your lawyers will submit your application for registration after reviewing and confirming that all formal requirements by the OAPI IP Office have been met.

Examination

At this stage, OAPI will examine whether your trademark fulfills the formal requirements of the office.

Publication

After your trademark is registered, it is published and third parties may submit an opposition against it being registered. The opposition period is three (3) months. The role of your lawyers is to address and respond to any oppositions and ensure that your trademark proceeds to registration.

Registration

After the opposition period and assuming there is no opposition, the trademark is registered and a certificate of registration is issued.

Watch Service

Registration of the trademark is just the beginning, there is need for vigilance in the market. Your lawyers will help you lookout for potential infringement through our trademark watch service.

Renewal

Trademark registration is valid for 10 years after which it has to be renewed. We got you covered.

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IP Office

The Organisation Africaine de la Propriété Intellectuelle (OAPI).

IP Office Website ↗

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