AfricanAfrican Intellectual Property Organisation (OAPI)Trademark Registrations Process
OVERVIEW
The African Intellectual Property Organisation (OAPI) is the official body responsible for managing trademark registrations across its 17 member states. These predominantly Francophone nations include Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Comoro Islands, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo.
Unlike the African Regional Intellectual Property Organisation (ARIPO), OAPI operates as a centralized system without individual national trademark offices. This means that applicants seeking trademark protection must apply through the OAPI system, which grants coverage across all member states rather than selecting specific countries.
Established in March 1977 under the Bangui Agreement, OAPI was founded to promote regional cooperation, facilitate intellectual property management, and optimize shared resources. With its integration into the Madrid Protocol in March 2015 and membership in the Paris Convention, OAPI has strengthened its international intellectual property framework.
01. INITIAL TRADEMARK SEARCH
At Mahtta & Co., we strive to simplify the trademark registration process, ensuring seamless and hassle-free procedures. Before proceeding with an application, we conduct a comprehensive trademark search to evaluate the registrability of your proposed mark within OAPI. This preliminary search helps assess potential conflicts and enhances the chances of successful registration.
02. PREPARING YOUR APPLICATION
Once the search results indicate that the mark is registrable, we move forward with preparing the trademark application. To streamline this process, we require the following details:
To help us prepare your application, we’ll need to know:
- The proposed trademark, including logos, device prints, or visual representations.
- The applicant's name.
- The applicant's address and nationality.
- The applicant's status (e.g., manufacturer, merchant, or service provider).
- A detailed specification of goods/services and the applicable trademark class.
- The user date of the mark, indicating whether it is already in use or intended for future use in OAPI member states.
03. FILING YOUR APPLICATION
Trademark applications under OAPI can follow either a standard or an expedited route:
- Regular processing takes approximately six months.
- Fast-track processing accelerates the process to about four months.
After finalizing the application, we proceed with submission to the OAPI system. Upon successful filing, applicants receive a trademark application number, which can be used to track the application's progress on the official OAPI website.
It is crucial to note that once an application is filed, modifications to the registered mark or listed goods/services are not permitted. Therefore, accuracy and precision in the application process are essential.
04. EXAMINATION
Following submission, OAPI experts review the application to verify compliance with formal registration requirements. Unlike some other jurisdictions, OAPI primarily focuses on procedural aspects rather than substantive issues during this examination phase.
If the application meets all formal criteria, it moves forward to the publication stage.
05. REGISTRATION OF THE MARK
Upon successful examination, OAPI issues a provisional registration certificate for the trademark. However, at this stage, the registration remains subject to potential challenges from third parties.
Once the certificate is issued, trademark owners may start using the registered mark symbol (®) to indicate their exclusive rights over the mark.
06. TRADEMARK PUBLICATION
The publication phase allows third parties to file oppositions against the trademark registration. This ensures transparency and provides an opportunity for anyone with legitimate claims to contest the mark.
If no opposition is raised within six months from the publication date, the trademark moves toward final registration. Once this period lapses without disputes, the registration becomes definitive, granting full legal protection across all OAPI member states.
07. TERM AND RENEWAL
Trademark protection under OAPI lasts for ten years from the registration date. To maintain ownership rights, the trademark must be renewed periodically every ten years by paying the renewal fees.
Failure to renew within the prescribed period may result in the expiration of the trademark, leaving it open for potential claims by other entities.
Secure Your Trademark with OAPI Today
Protecting your brand in OAPI member states requires a well-structured and strategic approach. At Mahtta & Co., we simplify the entire trademark registration process, from conducting initial searches to securing final registration.
Whether you are a manufacturer, service provider, or entrepreneur seeking brand protection across multiple African nations, our expert team is here to guide you every step of the way.
Get in touch with us today to initiate your OAPI trademark registration!