News & insights
Comoros Island: Accession to OAPI
June 3, 2013
Comoros Island (CI) officially endorsed the Bangui Agreement which forms the African Intellectual Property Organization (OAPI). Effective May 25, 2013, the country will accede to the OAPI becoming its 17th Member State. Member States from the OAPI include: Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Congo (Brazzaville), Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.
The salient features of the OAPI trademark protection system are as follows:
1. Power of attorney, simply signed. A separate power is required for each application.
2. Copy of priority document, if priority is claimed, with verified French or English translation.
3. 10 prints of the mark for each application.
Items 1 and 3 must be submitted at the time of filing. Document 2 may be submitted within 3 months from filing date.
Registrations are published in the Official Gazette. Oppositions may be filed within 6 months from publication date.
Trademark registrations are valid for 10 years from filing date and are renewable for like periods.
Documents required for renewal: Power of attorney, simply signed.
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.
Trademark rights may be assigned with or without the goodwill of the business concerned.
Documents required: Power of attorney from the assignee, simply signed; and original or certified copy of deed of assignment.
Change of Name/Address
Documents required: Power of attorney, simply signed; and certificate of change of name, simply signed with verified French or English translation. For a change of address, only a power of attorney, simply signed is required.
License recordal is compulsory in order to be effective against third parties.
Documents required: Power of attorney, simply signed; and original or certified copy of license agreement.
Documents required: Power of attorney, simply signed; and original or certified copy of certificate of merger.
Marking is optional.
Registration Time Frame
The time frame for completing the registration process is 8 to 12 months.
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