Regional Trademarks in Africa
Covers its member states' lack of national Intellectual Property laws, with automatic and unified protection
OAPI (African Intellectual Property Organization) encompasses the majority of African French speaking countries and was created March 2nd, 1977 with the Bangui Agreement with the goal of fostering cooperation between member-states and the sharing of common objectives in Intellectual Property matters. The most distinctive characteristic and advantage of OAPI is that a single trademark registration is automatically effective in all its member-states, without the possibility of designating only some countries. Member states do not have national Intellectual Property Laws.
The Bangui Agreement works as a common Intellectual Property Act, its provisions have the effect of national law in each member-state and no validation or extension is required. The organization is also a member of the Paris Union and the Madrid Protocol (although the latter is not yet effective).
OAPI Map
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Trademark Registration
Process
Monitor the process from the preparation for the trademark application to its maintenance phase. Inventa will accompany you every step of the way.
Trademark Identification
With your help, we identify the trademark to be registered and point out the elements worthy of protection, according to Trademark Law.
Identification of Jurisdictions
We define the best registration strategy, depending on the jurisdiction in which you wish to obtain protection, taking into consideration the many regional/international mechanisms for international protection.
Identification of Classes
Since the costs may vary depending on the number of classes, we identify the international classes corresponding to the goods/services you wish to market with your trademark.
Trademark Search
At this moment, you should conduct a trademark search (optional but highly recommended), be it with or without a legal opinion, in order to identify whether the trademark is free to be registered.
Application for Registration
We analyze whether the formal requirements have been met and submit the application for registration to the respective PTO.
Opposition Period
After the publication of the trademark, third parties may submit an opposition against it being granted. We can respond to any objections, with the aim of ensuring that your trademark is registered.
Examination
During this phase, the relevant PTO will analyze whether your trademark is confusingly similar to previous trademark. We monitor the process up to the final granting.
Internationalization
You can extend the protection of your trademark at any time through national, regional, or international registrations in other jurisdictions.
Trademark Watch
Obtaining the rights to a trademark is of no use if you do not then exercise these rights. Therefore, it is necessary to be always on the lookout for infringements.
Africa (OAPI)
Trademark Details and Timeframes
Priority claim
Available
Multi Class Application
Available
Well-known Trademarks
Available
Body responsible for non-use cancellations
Court
Search with legal opinion time frame
18 days
Time until registration
1 year
Opposition Period
180 days
Use requirement period
4 years
Requirements
Application Requirements
- Power of attorney, simply signed.
- Applicant data.
- Sample of the mark (not required for word marks).
- List of goods and/or services.
- Certified copy of the priority document if claimed.
Renewal Requirements
- Power of attorney, simply signed.
- Simple copy of Certificate of Registration.
Assignment Requirements
- Power of attorney, simply signed.
- Deed of assignment, notarized.
Change of Name Requirements
- Power of attorney, simply signed.
- Certificate of change of address.
Change of Address Requirements
- Power of attorney, simply signed.
License Requirements
- Power of attorney from the licensor and licensee, simply signed.
- License agreement document signed by both parties, notarized..
African Focus
Trust our extensive experience in Africa
Taking this into account, we are pleased to present our "Trademarks in Africa" and new "Patents in Africa" Booklets. These booklets contain comprehensive information regarding trademarks and patents in each African Jurisdiction.
Why Inventa?
Global Network with a special focus in Africa
Through a network of local offices, including several locations in Africa, and an extensive network of associates, we are committed in delivering a global coverage with local experience.
Experience
With over 45 years of experience in Intellectual Property, Inventa has served thousands of clients, from small entrepreneurs and startups, to multinationals holding large trademark and patent portfolios, and other entities dealing with R&D on a daily basis. Furthermore, our experience allows us to understand the caveats of the different industries, since we maintain relationships with clients from different sectors, including food and beverages companies, communications, IT, pharmaceutical, manufacturers, oil & gas companies, financial institutions, business services companies and more.
Tech drive
Inventa recognizes that in this day and age, information management and the internet have taken over many aspects of business. To accompany the changing needs of our clients, over the last few years we have increased our activity in the area of technological infrastructures and information systems. In this way, Inventa seeks to respond to the different demands of both the market and its clients.
Global Network
Thanks to our large network of contacts and associate level, we offer our clients a vast team of highly-specialized professionals in the Intellectual Property field and related strategic sectors. Our professionals guarantee highly-personalized and efficient accompaniment of all our services.
Local Presence in Africa
African Countries present some of the greater challenges when it comes to protecting Intellectual Property. As such, local presence is paramount to attain a high standard of quality, similar to what can be practiced in other regions. Our local presence in Africa allows us to deal with the challenges presented to us, whether it’s red tape, instability, cultural differences or language barriers. The key to our success in Africa has been the training of local technical staff and their demonstrated enthusiasm for Intellectual Property.
