An essential guide to filing trademarks in the DRC

Nestled in the heart of Central Africa, the Democratic Republic of the Congo (DRC) is a vast and diverse country that commands attention both for its geographical expanse and its significant influence on the African continent.

Bordered by nine neighbouring nations, the DRC's geographical coordinates place it at a crossroads of African cultures and histories.

To the north, it shares borders with South Sudan and the Central African Republic, while to the east, Uganda, Rwanda, Burundi, and Tanzania create a complex mosaic of regional interactions.

Zambia lies to the southeast, Angola to the southwest, and the Republic of the Congo to the west, forming a dynamic boundary that speaks to the interconnectedness of African nations.

International treaties and protocols

The DRC underscores its commitment to global intellectual property standards through its participation in key international treaties. As a signatory to the Paris Convention, the country aligns with best practices in protecting industrial property rights.

Additionally, as a member of the World Trade Organization (WTO), the DRC abides by the TRIPS Agreement, setting robust standards for the protection and enforcement of intellectual property rights within the context of international trade.

These engagements reflect the DRC's dedication to fostering innovation, encouraging international cooperation, and contributing to a fair and equitable global intellectual property landscape.

Trademark registration operates on a flexible multi-class system, allowing businesses to protect their trademarks across various goods and services in a single application.

Trademark registration requirements

There are not many strict formal requirements in the DRC. To file a trademark, an applicant must submit:

• a simply signed power of attorney.
• the applicant’s data, including name and address.
• a sample of the mark (not required for word marks).
• a list of goods and/or services in accordance with the Nice Classification; and
• a certified copy of the priority document (if applicable), with a verified French translation.

Registration process

While not mandatory, it is highly recommended to perform a preliminary search before registering a trademark in the DRC. This proactive step helps applicants to identify potential conflicts and ensures a smoother registration process. Conducting this search is a prudent measure to enhance the chances of a successful and conflict-free trademark registration.

The application process consists of the following steps:

• Filing of the request before the Patent and Trademark Office (PTO).
• Issuance of application filing receipt with an application filing number.
• Formal and substantial exam conducted by the PTO.
• There is no specific provision for an opposition, as it is common law based.
• Issuance of registration certificate.

Validity

A trademark in DRC is valid for consecutive periods of 10 years from the date of application. Applicants only need to submit a simply signed power of attorney to file a renewal. There is a continuous non-use period of three years from the granting date, after which the mark may be subject to cancellation. The responsible entity for the cancellation action based on the non-use of a trademark is the Trademark Office.

Recordals

During the lifespan of a trademark, it may be necessary to amend the initially filed registration, given that the applicant or its details may change, and the information provided must be accurate.

In addition, any unrecorded information before the registry is not enforceable against third parties. The following services are available in the country provided that the formal requirements are met:

• For a recordal of assignment, the applicant must submit:
• a power of attorney, simply signed.
• a notarised “Acte de Cession de Marque” (deed of assignment).
• For a recordal of change of name, the applicant must submit:
• power of attorney, simply signed.
• certificate of change of name, with certified French translation.
• copy of the certificate of registration.
• For a recordal of change of address, the applicant must submit:
• power of attorney, simply signed.
• certificate of change of address/declaration signed before a public notary, with verified French translation.
• copy of the certificate of registration.

The DRC stands as a compelling destination for investors keen to capitalise on its burgeoning market potential. With a population surpassing 80 million and vast untapped resources, the DRC offers a substantial consumer base and a wealth of opportunities across various sectors.

The evolving economic landscape, coupled with ongoing infrastructural developments, positions the country as a hotspot for investment. For those considering trademark registration, the conducive regulatory environment and adherence to international standards further enhance the appeal of the DRC as an investment market.

As the nation continues its trajectory of economic growth and development, savvy investors recognising its strategic advantages stand to benefit from a dynamic market poised for innovation and prosperity.

This is a co-published article, which was originally published in the World Intellectual Property Review (WIPR).