The short answer
One application to OAPI protects a trademark in all 17 member states: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. The registration lasts 10 years from the filing date, renewal is filed in the last year with a 6-month grace period, and opposition is open for 3 months after publication. A mark can be forfeited after 5 uninterrupted years of non-use.
Trademark deadlines in OAPI (17 African States) at a glance
These rules come from Annex III (Trade Marks and Service Marks) of the Bangui Agreement as revised on 14 December 2015, in the English text published on the OAPI website. The Agreement acts as national law in each member state, so one OAPI registration is valid across all of them. We confirm current fees and the Implementing Regulations before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, preserved indefinitely by successive renewals every ten years (Annex III, Article 22). |
| Which date does the term count from? | The filing date of the application. The legal date of the registration is the filing date (Annex III, Articles 18(9) and 22). |
| When can I renew? | The owner applies for renewal during the last year of the 10-year period and pays the fees set by the Regulations. Renewal needs no fresh examination, and the mark and the list of goods cannot be changed except by narrowing the list (Annex III, Article 24). |
| Is there a grace period? | Yes. A 6-month grace period after the end of that year lets you pay the fee with a surcharge. A mark that is not renewed cannot be registered by a third party for identical or similar goods for 3 years after expiry. Restoration is possible if circumstances beyond the owner's control caused the lapse (Annex III, Articles 24 and 29). |
| Opposition period | Within 3 months of publication of the application, any person can oppose by a written statement of reasons, based on Articles 2 and 3 of Annex III or a prior right. The applicant can answer within 3 months, renewable once. The decision can be appealed to the High Commission of Appeal within 60 days. A separate claim of ownership also has to be filed within 3 months of publication (Annex III, Articles 15 and 16). |
| Reply to an office action | If the application has formal defects, OAPI notifies the applicant, who has 3 months to regularise it, extendable by 30 days. The application keeps its date. A refusal can be appealed to the High Commission of Appeal within 60 days (Annex III, Articles 18 and 19). |
| Priority claim | Priority applies if the application is filed with OAPI within 6 months of the earlier filing. The written declaration and a certified copy of the earlier application must follow within 3 months of filing, or the priority is lost (Annex III, Article 12). |
| Non-use | At the request of any person, the competent national court can declare a mark forfeited if it has not been used in the territory of any member state for 5 uninterrupted years without valid reasons, or if it has become the common name of the goods. The owner proves use, and use by another with the owner's endorsement counts (Annex III, Article 27). |
| Assignment | Rights in a mark can be transferred in whole or in part, and acts of transfer, licence or pledge must be in writing on pain of invalidity. They only bind third parties once recorded in the special register (Annex III, Articles 30 and 31). |
Who can register a trademark in OAPI (17 African States)
Any natural or legal person can apply. A mark can cover one or more Nice classes, and the application can be filed with OAPI or the national industrial property office of a member state, which passes it on within five working days (Annex III, Articles 10 and 11).
Representation. Applications are filed with OAPI at its seat in Yaoundé or through the national office of a member state, normally through an agent (the application can carry a power of attorney, Annex III, Article 9). We file through an OAPI-approved agent and confirm the current representation rules in the Regulations.
Trademark registration process in OAPI (17 African States)
Search
- Search the the African Intellectual Property Organization (OAPI) records for identical or similar marks in your classes.
File the application
- File with the the African Intellectual Property Organization (OAPI), through your OAPI-approved agent.
- 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 can oppose within 3 months (Annex III, Article 15).
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) 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.
OAPI (17 African States) trademark validity and renewal
- The term is 10 years from the filing date and covers all 17 states.
- Apply for renewal in the last year.
- A 6-month grace period with a surcharge follows.
- Use the mark in at least one member state to avoid forfeiture after 5 years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a OAPI trademark
Assignment
Change of ownership
In writing, recorded in the special register (Annex III, Articles 30 and 31).
Licence
Licensing the mark
A licence contract can be limited to one member state (Annex III, Articles 30 and 32).
Collective marks
Associations
Annex III has rules for collective marks and collective certification marks.
Division
Several goods or services
An application can be divided until the decision on registration and during an opposition or appeal (Annex III, Article 17).
Non-use and cancellation of a OAPI trademark
Under Article 27 of Annex III, a national court can declare forfeiture for 5 uninterrupted years of non-use or for a generic name. The decision is sent to OAPI, which removes the mark from the register. Invalidity is dealt with in Article 28.
Keep dated proof of use in OAPI (17 African States): invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in OAPI (17 African States)
Search the OAPI register and its Official Bulletin, where applications and registrations are published. The 3-month opposition period runs from publication.
Sources used
- Bangui Agreement, Act of 14 December 2015, Annex III on Trade Marks and Service Marks, English text on the OAPI website: Articles 9 to 12, 14 to 19, 22, 24, 27, 29 to 31.
- OAPI (Yaoundé) for the Implementing Regulations, forms and fees.
OAPI (17 African States) trademark FAQ
How long does a trademark last in OAPI (17 African States), and from when?
10 years from the filing date, preserved indefinitely by successive renewals every ten years (Annex III, Article 22). It counts from the filing date (Annex III, Article 22).
When should I renew a OAPI trademark, and is there a grace period?
The owner applies for renewal during the last year of the 10-year period and pays the fees set by the Regulations. Renewal needs no fresh examination, and the mark and the list of goods cannot be changed except by narrowing the list (Annex III, Article 24).
What is the opposition period in OAPI (17 African States)?
Within 3 months of publication of the application, any person can oppose by a written statement of reasons, based on Articles 2 and 3 of Annex III or a prior right. The applicant can answer within 3 months, renewable once. The decision can be appealed to the High Commission of Appeal within 60 days. A separate claim of ownership also has to be filed within 3 months of publication (Annex III, Articles 15 and 16).
How much does it cost to register a trademark in OAPI (17 African States)?
The official fee is set by the the African Intellectual Property Organization (OAPI) 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 OAPI (17 African States)?
Yes. A foreign company can file one OAPI application for all 17 states. We file through an OAPI-approved agent and confirm the representation rules first.
Can I assign a OAPI trademark?
Rights in a mark can be transferred in whole or in part, and acts of transfer, licence or pledge must be in writing on pain of invalidity. They only bind third parties once recorded in the special register (Annex III, Articles 30 and 31).
Can a OAPI trademark be cancelled for non-use?
At the request of any person, the competent national court can declare a mark forfeited if it has not been used in the territory of any member state for 5 uninterrupted years without valid reasons, or if it has become the common name of the goods. The owner proves use, and use by another with the owner's endorsement counts (Annex III, Article 27).
How can I check the status of a OAPI trademark?
Use the the African Intellectual Property Organization (OAPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority applies if the application is filed with OAPI within 6 months of the earlier filing. The written declaration and a certified copy of the earlier application must follow within 3 months of filing, or the priority is lost (Annex III, Article 12).
How do I change the owner's name or address?
Record the change with the the African Intellectual Property Organization (OAPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in OAPI (17 African States)
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