Overview
Togo, as a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI), processes trademarks, patents, and industrial designs under the unified OAPI system. Consequently, any IP right registered through OAPI is automatically extended to Togo. Although the registration mechanism is centralized at OAPI, local enforcement recourse remains available in Togo to tackle potential infringements.
Operating under OAPI procedures ensures a streamlined, regionally recognized route for intellectual property filings. Applicants—both domestic and foreign—can thus benefit from coverage across all member states with a single application while still pursuing enforcement actions through Togo’s legal infrastructure.
International Conventions
Through its OAPI membership and international commitments, Togo aligns with global treaties that influence its IP framework. Among these are:
• Paris Convention
• Berne Convention
• TRIPS Agreement
• Patent Cooperation Treaty (PCT)
Trademark applications covering Togo are filed through OAPI under a single-class filing system:
• Applicants must provide a clear depiction of the trademark and pay the prescribed fees.
• Examination confirms the trademark’s distinctiveness and checks for potential conflicts with existing registrations.
• Trademark registrations are valid for 10 years from the filing date, renewable for further 10-year periods.
• Applicants need to give accurate details (name, address) and indicate the goods or services in one class.
Once registered under OAPI, the trademark is enforceable in Togo, enabling rights holders to pursue legal or administrative measures against infringement.
Patent protection in Togo is similarly obtained through OAPI, covering the invention across all member states:
• Patents generally last 20 years from the filing date, provided annual fees are paid.
• Applicants submit a specification, claims, and relevant documentation demonstrating the invention’s novelty, inventive step, and industrial applicability.
• OAPI is a contracting party to the Patent Cooperation Treaty (PCT), meaning international applicants can designate OAPI for coverage in Togo.
Exclusive patent rights can be enforced in Togo courts, ensuring that patent holders can prevent unauthorized usage within Togo.
Industrial designs are also administered by OAPI, granting aesthetic protection for products in Togo:
• A formal application containing representations of the design and payment of official fees is required.
• Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
• Applicants must supply comprehensive details for accurate examination and valid registration.
Owners of registered designs gain exclusive rights in Togo, and have the means to stop unauthorized manufacturing or commercialization of similar designs within the national territory.
