Trademark registration at OAPI is very important for businesses that want to expand in this market, the rights to the trademark at OAPI will be granted to individuals or companies using that trademark for the first time in OAPI countries.
The Organization of African Intellectual Property (OAPI) is headquartered in Yaoundé, Cameroon. The organization was established under the Bangui Agreement of 2 March 1977.
The Bangui Agreement was subsequently revised in 1999. The protection of IPRs registered in OAPI will automatically come into force in the 17 current member countries: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Ivory Coast, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo. Certificates of registration of IPRs in the OAPI region will automatically enter into force in the territories of all member states.
Requirements when filing a trademark application at OAPI
The official language when registering a trademark at the OAPI Intellectual Property Office is English or French.
An application for “registration of a trademark” at OAPI must contain the following information: trademark to be registered, request for trademark registration at OAPI, information about the applicant(s), list of registered goods and/or services signature, priority documents (if priority is required), proof of payment of the respective fees.
Legalization of power of attorney is not required. The deadline for submitting this document to OAPI is 3 months from the date of the corresponding notice.
A copy of the Priority Document must be submitted within 3 months of the date of application.
Certified copies of the priority document in English or French must be provided within three months of the filing date of the trademark application.
The time limit for objecting to trademark registration is three months from the date of publication of the application in the Trademark Journal.
Term of validity and renewal of trademark
Trademarks at OAPI will be valid for ten years from the date of filing. This term can be renewed every 10 years and an unlimited number of times. Renewal fees may be paid within one year prior to the expiration of the term of protection. Trademarks in OAPI can be late renewed for up to six months after the expiration date for an additional fee.
The trademark registration process at OAPI takes about 12-18 months.
Use requirements
Trademark validity at OAPI may be revoked on the grounds that the mark is not used at the request of a third party if the trademark is not used for a period of 5 consecutive years.
A response to a provisional refusal of an international trademark application must be submitted to OAPI within three months of the date WIPO was notified by OAPI of the provisional refusal. This period cannot be extended. A re-examination of provisional disapproval may be requested within 30 days of the date OAPI notifies the provisional disapproval.
Represented by a trademark attorney
For foreign applicants, a trademark search should be performed at OAPI through a law firm, or a trademark attorney at OAPI.