The short answer
Benin is a member of OAPI, so a single OAPI trademark application covers Benin and the other OAPI member states, and there is no separate national trademark filing in Benin. Protection lasts 10 years from the filing date, the registration date is the filing date, and third parties can oppose within 3 months of publication.
Trademark deadlines in Benin at a glance
Benin is bound by the Bangui Agreement of 2015 (Annex III on marks) as a member of OAPI. These rules come from that Annex in the text on WIPO Lex. Fees and forms are set by OAPI and change, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable (Bangui Agreement 2015, Annex III, Article 22). |
| Which date does the term count from? | The filing date. The registration takes the filing date (Articles 18 and 22). |
| When can I renew? | Renew in the last year of the term, on payment of the renewal fee (Article 22). |
| Is there a grace period? | Yes. A 6-month grace period follows expiry, with a surcharge. After that, a third party can register the mark only once a 3-year bar from expiry has passed (Articles 22 and 24). |
| Opposition period | 3 months from publication of the application in the OAPI bulletin. The opposition is filed with OAPI, not in Benin (Article 15). |
| Reply to an office action | OAPI examines the application and notifies the applicant of any objection, who then has a time limit to reply. A decision of OAPI can be appealed to the High Commission of Appeal within 60 days (Article 19). |
| Priority claim | Priority applies for 6 months from the first application (Article 12). |
| Non-use | A mark that is not used for 5 years can be forfeited by the national court of the member state, here Benin (Article 27). |
| Assignment | A transfer is made in writing and recorded with OAPI to bind third parties (Articles 30 and 31). |
| One filing, 17 states | A filing with OAPI protects the mark in all member states. You cannot choose to leave states out. |
Who can register a trademark in Benin
Any natural or legal person can apply to OAPI, which covers Benin. The right comes from registration (Article 18).
Representation. An applicant without an address in an OAPI member state is normally required to act through a representative. We act as your representative before OAPI and confirm the exact rule for your case.
Trademark registration process in Benin
Search
- Search the the African Intellectual Property Organization (OAPI) in Yaoundé records for identical or similar marks in your classes.
File the application
- File with the the African Intellectual Property Organization (OAPI) in Yaoundé, through your OAPI-recognised representative.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, any person with a right can oppose within 3 months. An owner who claims the mark was filed in breach of their rights has 3 months to claim ownership (Articles 15 and 16).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the African Intellectual Property Organization (OAPI) in Yaoundé and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Benin trademark validity and renewal
- Registration lasts 10 years from the filing date.
- Renew in the last year, with a 6-month grace period and a surcharge.
- Keep using the mark in the member states to avoid forfeiture.
Diarise the expiry from the filing date and renew early.
Assignment, licence and changes to a Benin trademark
Assignment
In writing
Record the transfer with OAPI (Articles 30 and 31).
Restoration
After lapse
Restoration is possible on request (Article 29).
Opposition
3 months
Opposition goes to OAPI (Article 15).
Forfeiture
5 years
Non-use is judged by the national court (Article 27).
Non-use and cancellation of a Benin trademark
Forfeiture for non-use is decided by the national court of the member state. A third party can also ask for cancellation on legal grounds (Article 27).
Keep dated proof of use in Benin: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Benin
Search the OAPI register and bulletin by mark, owner or filing number.
Sources used
- Bangui Agreement of 2015, Annex III (Marks), text on WIPO Lex, Articles 12, 15, 16, 18, 19, 22, 24, 27, 29 to 31.
- OAPI for current fees, forms and the list of member states.
Benin trademark FAQ
How long does a trademark last in Benin, and from when?
10 years from the filing date, renewable (Bangui Agreement 2015, Annex III, Article 22). It counts from the filing date (Article 22).
When should I renew a Benin trademark, and is there a grace period?
Renew in the last year of the term, on payment of the renewal fee (Article 22).
What is the opposition period in Benin?
3 months from publication of the application in the OAPI bulletin. The opposition is filed with OAPI, not in Benin (Article 15).
How much does it cost to register a trademark in Benin?
The official fee is set by the the African Intellectual Property Organization (OAPI) in Yaoundé and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Benin?
Yes. A foreign company can apply to OAPI for protection in Benin and the other member states, normally through a representative. We arrange this.
Can I assign a Benin trademark?
A transfer is made in writing and recorded with OAPI to bind third parties (Articles 30 and 31).
Can a Benin trademark be cancelled for non-use?
A mark that is not used for 5 years can be forfeited by the national court of the member state, here Benin (Article 27).
How can I check the status of a Benin trademark?
Use the the African Intellectual Property Organization (OAPI) in Yaoundé register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority applies for 6 months from the first application (Article 12).
How do I change the owner's name or address?
Record the change with the the African Intellectual Property Organization (OAPI) in Yaoundé so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Benin
SUPREMEiP® files trademarks worldwide through its network and checks every Benin deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
