The following countries are member states of African Intellectual Property Organization, (OAPI) which covers 17 countries: Gabon, Cameroon, Republic of Congo, Central Africa Republic, Ivory Coast, Senegal, Mali, Mauritania, Chad, Togo, Benin, Burkina-Faso, Guinea, Guinea Bissau, Niger, Equatorial Guinea and Comoros (as from May 25.2013). Therefore, you can not file your application just in one country. You are obliged to file in OAPI even if you client want to use just in one country.

Also, in OAPI, one application can be filed for three classes or goods or three classes of services at the same price.

But a single application CAN NOT cover goods and services. If you have a trademark to file in classes 17, 19 and 37 for example, you must file two applications: one for goods (classes 17 and 19) and one for services (37).

International Arrangements: Paris Union, Madrid Union (Protocol). OAPI deposited its instrument of accession to the Madrid Protocol on 5 December 2014. In order to give effect to its Madrid obligations, legislation must be passed which recognises those obligations. No such legislation has been passed. Consequently, International registrations are currently unenforceable in this territory.

Categories of Trade Marks: There are provisions for the registration of SERVICE MARKS and COLLECTIVE MARKS. There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS.

Classification: The International Classification of goods and services applies. An application may cover more than one class of goods or services (additional fees being payable in respect of the fourth and each subsequent class) but goods and services cannot both be covered in the same application.

 

Documents required:

  • New Applications
    1. Power of Attorney, simply signed
    2. Ten prints, even for word marks in ordinary type
    3. Priority document (if applicable), with verified French or English translation

 

  • Renewals
    1. Power of attorney, simply signed
    2. Simple copy of last Certificate of Renewal or Registration Certificate (if applicable)

 

  • Assignments/Mergers
  1. Power of Attorney, simply signed
    2a. In the case of an assignment: Deed of Assignment drawn by and signed by both parties before

a Notary Public, with verified French or English translation
2b. In the case of a merger: Certificate of Merger, with verified French or English translation

 

  1. Change of Name
    1. Power of Attorney, simply signed
    2. Certificate of Change of Name, with verified French or English translation

 

  1. Change of Address
  1. Power of Attorney, simply signed

 

  1. Licences/Registered Users
  1. Powers of Attorney, simply signed, from proprietor and licensee
  2. Licence Agreement which should be drawn by and signed by both parties before a Notary Public,  with verified French or English translation

 

* Effective date 25 May 2013. Unless a registration filed before this date is specifically extended to cover the Comoros, it will not do so until its next renewal.

 

Note: Mayotte is not part of the Union of the Comoros; it is a French overseas “département” and is therefore covered by French trade mark registration.