As from April 15, 2014, a trade or service mark is registrable for the classes defined in the 10th Edition of the Nice International Classification. The laws allows for multi-class filing up to three classes in either product class 1-34 of the Nice Classification or 35-45 of the same Agreement. Beyond the three classes, the applicant would pay additional fees for extra classes.

It is relevant to note that registration is not allowed for both product and service marks.

Please also note that at OAPI, product and service classes are subject of separate applications i.e. product and service classes cannot be filed as one Trademark. This means that if a Trademark covers both goods and services, two separate applications are filed, one for the goods and the other for the services.

FILING REQUIREMENT

New Applications

Applicant full name,

Applicant detail address,

Ten (10) prints of marks,

A Power of Attorney. Note that for the Power of Attorney to be admissible, it must be signed and dated by the donor, the place of execution must be specifically mentioned, and the title and designation of the signatory must be stated. In case of a company, the company seal should be affixed thereon. No authentication or legalization is required.

Mention of color claims, if any,

Conventional priority claims, if any, by the applicant either original or certified true copies. If the priority documents are not in a language used at the OAPI an accompanied translated version in English or French.

According to the present practice of the OAPI trademarks office it is not necessary to submit all relevant documents at the time of filing which can be submitted within three months from the date of filing which is non-extendable. If you would like us to file the application now without complete documents kindly send us your instructions and a softcopy of the home registration or application of the mark by email or fax.

Change of Name

A copy of the Certificate of registration of trademark bearing application number and

registration number;

Old Applicant’s name

New Applicant’s name

Certificate of change of name from the Registrar of Companies with verified English or French translations;

An original Power of Attorney (no legalization or authentication required)

Change of Address:

A copy of the Certificate of registration of trademark bearing application number and registration

number;

Old Applicant’s address

New Applicant’s address

An original Power of Attorney (no legalization or authentication required)

Assignment recordals

A notarized deed of assignment with verified English or French translations;

A copy of the registration certificate of the trademark;

Original Powers of Attorney both from the Assignor and Assignee (no legalization or authentication required)

Licensing Agreements:

A notarized license agreement with verified English or French translations;

A copy of the registration certificate of the trademark;

Original Powers of Attorney both from the Licensor and the Licensee (no legalization or authentication required)

Trademark renewals:

A copy of the registration certificate of the trademark;

An Original Power of Attorney from the proprietors (no legalization or authentication required).

Note that a trademark filed at the OAPI and duly registered is valid for a period of ten (10) years. The validity shall begin to run from the date of filing and not the date of registration.

The law enjoins that all applications for renewals must be filed as from the last six (06) months preceding the date of its expiry.

FILING REQUIREMENTS

NON PCT APPLICATION

1. Power of attorney, simply signed.

2. Specification and abstract in English or French in triplicate.

3. 3 sets of formal drawings.

4. Copy of priority document, if priority is claimed, certified.

5. Original or certified copy of deed of assignment.

PCT APPLICATION

(i) Power of Attorney (simply signed) – can be late filed within 3 months of notification;

(ii) Specification, claims, drawings, and abstract in English or French – required on the day of filing;

(iii) Assignment of Priority Rights – can be late filed within 6 months;

(iv)Copy of PCT International advertisement – required on day of filing;

(v) Copy of International Search Report – can be late filed, no set deadline; and

(vi)Copy of International Preliminary Examination Report – can be late filed, no set deadline.

SEARCH OPTIONS

There are search options available for official search as long as they are granted and published in the official gazette.

GRACE PERIOD

6 MONTHS grace period with surcharge for late payment of fees.

ANNUITIES

Also note that annuity fees are payable on pending applications from the anniversary of filing.

FILING REQUIREMENTS

(a) Power of Attorney (simply signed) – can be late filed after notification;

(b) 3 sets of formal drawings – required on the day of filing;

(c) Certified priority document with sworn and verified English or French translation, see notes below – can be late filed within 3 months.

TYPES OF APPLICATION

Application for a design registration may be made by way of –

1. A regular OAPI application

2. An application claiming convention priority

3. An international application under the Hague Agreement designating OAPI.

MULTIPLE DESIGNS

A single application may include up to 100 designs provided that they belong to the same class (according to the Locarno Agreement) or to the same set or range of articles.