Paris Convention • PCT • Madrid Agreement • Madrid Protocol • Hague Agreement
OAPI Members with Trademark Protection - all 17 OAPI Countries.
There is specific reference to the Madrid Protocol in the Bangui Agreement, however, the amendments have not been ratified by all the individual OAPI Members States in order for them to be valid and effective in their territory. This may impair the effectiveness and enforceability of International Trademarks in the OAPI Members in question.
Multiclass | Nice Classification | Paris Convention Priority | Protection of Well-known Trademarks | Non-use Cancellation - 5 Continuous Years
➤ Types of Trademarks
• Goods and services
• Collective Association
• Collective Certification
• International Trademark (designation under the Madrid System)
➤ OAPI Regional Trademark Application Requirements
• Power of Attorney (simple) with English translation
• Full particulars of the applicant
• Full particulars of the trademark
• Priority Document (certified copy) with notarised English translation (where applicable)
➤ Examination
• Absolute grounds
• Relative grounds (starting January 1, 2022)
➤ Opposition
• Deadline - 3 months from the publication in IP Bulletin
• Counterstatement Deadline - 3 months from the notification
• Time Extension - not available
➤ Granting and Validity
• 10 years from the filing date
➤ Renewal Requirements
• Power of Attorney (simple) with English translation
• Certificate of Last Renewal (simple copy) ou Certificate of Registration (simple copy)
• Late Renewal - 6 months after the validity deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with English translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) executed by assignor and assignee with notarised English translation
➤ Change of Name Requirements
• Power of Attorney (simple) with English translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Change of Address Requirements
• Power of Attorney (simple) with English translation
• Previous and current address of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Licence Requirements
• Power of Attorney (simple) executed by licensor and licensee with English translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) executed by licensor and licensee with notarised English translation
OAPI Members with Patent Protection - all 17 OAPI Countries.
International Patent Classification | Paris Convention Priority | Working Requirement - 4 Years from filing date or 3 Years from granting date
➤ Types of Patents
• OAPI Regional Patent
• PCT Regional Phase
➤ OAPI Regional Patent Application Requirements
• Power of Attorney (simple) with English translation
• Full particulars of the applicant and inventor
• Specifications, Claims, Drawings and Abstract in English
• International Patent Classification
• Deed of Assignment (notarised) with notarised English translation (where applicable)
• Priority Document (certified copy) with notarised English translation (where applicable)
➤ PCT Regional Phase Application Requirements
• Power of Attorney (simple) with English translation
• Full particulars of the applicant and inventor
• Specifications, Claims, Drawings and Abstract in English
• International Patent Classification
• Published International Application
• International Search Report and International Preliminary Report on Patentability
• Deed of Assignment (notarised) with notarised English translation (where applicable)
• Priority Document (certified copy) with notarised English translation
➤ Amendments
• Amendments - allowed up to the granting
• Introduction of new matter - not allowed
➤ Examination
• Absolute grounds (Article 25 of the Bangui Agreement states "patents that patents shall be granted at the applicant’s own risk and without any guarantee as to the actuality, novelty or merits of the invention or as to the truth or accuracy of the description")
➤ Opposition
• Deadline - 3 months from the publication in IP Bulletin
• Counterstatement Deadline - 3 months from the notification
• Time Extension - not available
➤ Granting and Validity
• 20 years from the filing date or international filing date
➤ Renewal Requirements
• Power of Attorney (simple) with English translation
• Late Renewal - 6 months after the validity deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with English translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) executed by assignor and assignee with notarised English translation
➤ Change of Name Requirements
• Power of Attorney (simple) with English translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Change of Address Requirements
• Power of Attorney (simple) with English translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Licence Requirements
• Power of Attorney (simple) executed by licensor and licensee with English translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) executed by licensor and licensee with notarised English translation
Multiple Designs (100 designs/products allowed in the application) | Locarno Classification (LOC) | Hague Agreement | Paris Convention Priority
➤ Types of Designs
• OAPI Regional Design
• International Designs registered under the provisions of the Hague Agreement produce the same effects as if the registration had been deposited with the OAPI
➤ OAPI Regional Design Application Requirements
• Power of Attorney (simple) with English translation
• Full particulars of the applicant
• Graphic or photographic reproduction of the design
• Title and brief description of the design
• International Design Classification
• Deed of Assignment (notarised) with notarised English translation (where applicable)
• Priority Document (certified copy) with notarised English translation (where applicable)
➤ Examination
• Absolute grounds
➤ Opposition
• Deadline - 3 months from the publication in IP Bulletin
• Counterstatement Deadline - 3 months from the notification
• Time Extension - not available
➤ Granting and Validity
• 15 years from the granting date
➤ Renewal Requirements
• Power of Attorney (simple) with English translation
• Late Renewal - 6 months after the validity deadline
• Revival - not available
➤ Assignment Requirements
• Power of Attorney (simple) with English translation
• Full particulars of assignor and assignee
• Deed of Assignment (notarised) executed by assignor and assignee with notarised English translation
➤ Change of Name Requirements
• Power of Attorney (simple) with English translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Change of Address Requirements
• Power of Attorney (simple) with English translation
• Full previous and current particulars of applicant
• Certificate of Incorporation (notarised copy updated) with notarised English translation
➤ Licence Requirements
• Power of Attorney (simple) executed by licensor and licensee with English translation
• Full particulars of licensor and licensee
• Licence Agreement (notarised) executed by licensor and licensee with notarised English translation
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