Your brand contributes to your start-up‘s identity and image. That’s why it’s so important to protect it.
Why protect your brand? Protecting a trademark means obtaining exclusive rights to use it, and owning it outright. Registering a trademark prevents third parties from using it without the start-up’s consent, and from taking infringement action. How can you protect your trademark at OAPI? What is the procedure forregistering a trademark with OAPI? What are the filing fees and the duration of protection? Your answers in this article.
How can you protect your trademark at OAPI?
What is OAPI?
To protect your trademark in French-speaking Africa in particular, register it with the African Intellectual Property Organization (OAPI). This intergovernmental organization ensures the uniform protection of intellectual property rights in its 17 member states.
Which member states belong to OAPI?
OAPI members are: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo.
Registering a trademark with OAPI confers protection within these 17 countries.
How do I register my trademark with OAPI?
Where to register your trademark?
For applicants located in the OAPI territory, the procedure is carried out :
- either by direct deposit at OAPI, or by post;
- or by indirect deposit, by post to the Ministry responsible for industrial property.
Good to know: the indirect route is only available to applicants domiciled in an OAPI territory.
Who can register your trademark?
You can do this yourself, or appoint an agent to take care of all the filing formalities.
Applicants domiciled outside the organization’s territory must file their trademark applications directly with OAPI. How? Through a representative chosen in one of these countries.
What documents need to be filed to protect your trademark?
Your application must include the following documents:
- a request addressed to the Director General of OAPI;
- deposit form M301, which must contain :
- a substantive examination, to ensure that the trademark is distinctive and complies with public policy;
- reproduction of the trademark (logo), if figurative;
- the list of goods or services for which the trademark will be used;
→ for example, for an automotive start-up, register your trademark in class 12 “vehicles, land locomotion devices”, and other relevant classes - the exact contact details of the applicant(s) (surname, first name/company name, address, telephone, fax and e-mail numbers);
- color claims, if any ;
- proof of payment of OAPI fees;
- private power of attorney (letter of authorization), unstamped if the applicant is represented;
- reproduction of the trademark on form M301, if applicable.
