PATENT ISSUES

OAPI Trademark

The African Intellectual Property Organisation (OAPI) provides a centralized trademark system covering a number of African countries through a single registration. This makes OAPI an efficient and cost-effective option for brand owners seeking protection across multiple jurisdictions. Below is a practical overview of the OAPI trademark system.

  1. Overview of the OAPI trademark system

    OAPI is a regional intellectual property organisation comprising the following member states:

    Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.

    A single OAPI trademark registration automatically covers all OAPI member states. Unlike ARIPO, it is not possible to designate individual countries.

    OAPI operates a first-to-file system. Trademark rights arise from registration rather than use.

  2. What can be registered as a trademark?

    A mark is registrable in OAPI if it is capable of distinguishing the applicant's goods or services from those of others. Acceptable marks include:

    • Words, names and slogans
    • Logos, devices and symbols
    • Letters and numerals
    • Any combination of the above

    Marks containing non-English or non-French words must be supported with a translation. Marks containing non-Latin characters require a transliteration. Descriptive or non-distinctive elements may need to be disclaimed.

  3. Searches

    A free public database is available for conducting OAPI trademark searches. However, the database is not always fully up to date. A formal registrability search may be requested through the OAPI Trademarks Office, with results typically available within approximately 21 working days.

  4. Filing requirements

    To file an OAPI trademark application, we require:

    • The Applicant's full name and physical address
    • A clear representation of the mark
    • A description of the mark for logo applications
    • A list of goods/services in accordance with the 12th edition of the Nice Classification
    • A Power of Attorney (no legalisation or notarisation is required)
    • Priority documents (if priority is claimed), with certified English translations where relevant

    Applications may be filed in English or French.

    OAPI permits multi-class filings, allowing a single application to cover multiple classes. However, when selecting classes, one should select the actual goods / services required. An office action will likely be issued if all goods / services within a class are selected.

  5. Registration process and timeline

    Step Description Timeline
    Filing The application is submitted to the Registry with the required documents and fees. An official filing number and date are issued. Issued within 1-3 months of filing (an email notification is returned within a day or two of filing).
    Examination The Registry examines the application on both absolute and relative grounds. If objections arise, an office action is issued. Within 1-3 months of filing.
    Acceptance Typically within 3 months of filing.
    Publication Once accepted, the mark is published in the Trademarks Journal for a three-month opposition period. Typically within 1-4 months of filing.
    Registration If no opposition is filed or any opposition is successfully overcome, the application proceeds to registration and a paper certificate is issued. Typically within 6-12 months of filing.

  6. Duration and renewal

    An OAPI trademark registration is valid for 10 years from the filing date, and is renewable for successive 10 year periods.

    Renewals may be paid during the 6 month grace period on payment of a penalty.

  7. Use requirements and non-use vulnerability

    While proof of use is not required for filing or renewal, a registered trademark may be vulnerable to cancellation for non-use if not used for a continuous period of five years.

  8. Our fees

    Official fee (EUR) Total fee (EUR)

    Search

    • - 1st class
    • - Each subsequent class

    Filing

    • 146
    • 16

    Filing

    • 290
    • 35

    Filing

    • - 1st class
    • - Each subsequent class

    Filing

    • 549
    • 115

    Filing

    • 995
    • 300
    Reporting acceptance, arranging publication and reporting and sending electronic certificate of registration N/A N/A

    Renewal

    • - 1st class
    • - Each subsequent class

    OAPI trademark renewals may also be processed through the PayAnnuity online renewal system

    Filing

    • 765
    • 154

    Filing

    • 965
    • 305

  9. Why file through OAPI?

    • Protection across 17 African countries through a single filing
    • Cost-effective regional trademark coverage
    • Centralized prosecution and renewal system
    • Strong protection against imitation and counterfeiting

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