Trademark registration in Congo. The Democratic Republic of the Congo (DRC), also known as Congo-Kinshasa, is a country in Central Africa. Congo is the largest country in sub-Saharan Africa, the second-largest in all of Africa (after Algeria), and the 11th-largest in the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to the DRC is to learn the procedure of trademark registration in Congo.
Necessary documents for trademark registration in Congo
Necessary documents for trademark registration in Congo include:
- Signed Power of attorney (POA).
- Applicant data.
- Trademark models (not required for word marks).
- List of goods and/or services.
- Copy of priority document (if any).
- Certificate of change of name, with verified French translation.
The procedure of trademark registration in Congo
In the Democratic Republic of the Congo, businesses need to apply for a trademark registration to be granted rights over a trademark, as Congo follows the “first to file” rule. However, there are some exceptions. It should be noted that only in some rare cases can an unregistered trademark be protected in Congo.
In order to register a trademark in Congo, the trademark applications must be filed with the Directorate of Industrial Property.
- Separate trademark: If one wishes to use the word element separately from the logo (or vice versa), the applicant should register for another trademark including only the word or figurative elements that they wish to use and protect separately to have the best protection to the registered trademark in the market.
- Combined trademark: If one registers a combined trademark (which includes both word elements and figurative elements) in the Democratic Republic of the Congo, the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or way in which it was filed and registered.
The protection, validity period, renewal of trademark registration in Congo
When successfully registered a trademark in Congo, the owners of the trademark will have exclusive rights over their trademark. When other parties intend to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of said trademark, the owner of the trademark will have the right to oppose/object to the application. However, it should be noted that such action may only be performed within a certain amount of time.
Trademark registration in Congo has a validity of 10 years from the date of filing and it can be renewed indefinitely for another 10 years. In addition, the owner may also file for a trademark renewal during the grace period of 6 months after the expiration date of the trademark with a late payment fee.
When filing for a renewal of trademark registration in Congo, the applicant needs to provide the following documents:
- Signed Power of attorney (POA) – a separate set of forms is required for each registration.
- Copy of Certificate of Registration, along with the last renewal certificate (if any).
Although a trademark does not have to be in use for it to register cause Congo is a country that follows the first to file principle, it should be noted that the trademark must not go unused for more than three years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
You can see a list of Congo IP firms here.