Guide to protect trademark in Niger

Niger is centrally located in West Africa, adjacent to many neighboring countries such as Chad, Mali, Benin and Nigeria. This location offers advantages for trade and transportation, making Niger an important transshipment point for goods in the region. Niger has abundant reserves of precious minerals such as uranium, gold, coal, oil and limestone. The extraction and processing of these resources can spur economic growth and generate revenue for the country. Niger has a large area of arable land and climatic conditions suitable for a variety of crops, including sorghum, millet, peanuts, cotton and vegetables. Improving productivity and diversifying agricultural production can contribute to food security, reduce poverty and promote economic development in rural areas. To attract domestic and foreign investment, the Nigerien government is working to improve the business environment, attract foreign investment and promote private sector development. These reforms can help lay the foundation for sustainable, long-term economic growth. There are many businesses that want to expand their business scope in Niger, to be able to develop their brand, businesses need to pay attention to trademark registration procedures in Niger. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Niger through the article below.

Legal basis

• Regulation of February 24, 1999, Under the Agreement Amending the Bangui Agreement of March 2, 1977 on the Establishment of the African Intellectual Property Organization

Trademark registration system in Niger

Niger does not have its own national trademark registration system. Instead, the country uses the system of the African Intellectual Property Organization (OAPI). This means that a single application with the OAPI protects your trademarks in Niger and other OAPI member states.

The African Intellectual Property Organization (OAPI) is an intergovernmental organization based in Yaoundé, Cameroon. The organization was founded in 1977 with the aim of promoting cooperation among African countries in the field of intellectual property (IP). The OAPI currently has 17 member states.

Main functions

• Grant of patents, trademarks, industrial designs and other IP rights.
• General system management for filing, registration and protection of IP rights.
• IP-related dispute resolution.
• Raise awareness of the importance of IP.
• Assist Member States in developing IP policies.

Benefits of participating in OAPI

• Effective IP protection: Businesses can protect their IP in all OAPI member countries with one application.
• Reduced costs: Filing and maintaining IP protection through the OAPI is generally cheaper than filing individual applications in individual member states.
• Simple process: OAPI’s system is designed to be simple and easy to use.
• Highly specialized: OAPI has a team of experienced and specialized IP staff.

Guide to Trademark Registration in Niger via OAPI System

Prepare documents

• Application form: The application form can be downloaded from the OAPI website or picked up in person at the OAPI office. The application form should be completed with complete information about the trademark owner, the trademark and the products/services for which the trademark will be used.
• Trademark images: Trademark images need to be filed as high-resolution digital files.
• List of products/services: This list should clearly state the products or services for which the trademark will be used.
• Letter of authorization: If you apply through a representative organization, you need to submit an additional letter of authorization.

Apply

• Direct submission: You can go directly to the OAPI Intellectual Property Office at Yaoundé, Cameroon to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the OAPI Intellectual Property Office at Yaoundé, Cameroon.
• Submit online via website:

Log in to the website and create an account to apply online http://oapi.int/index.php/en/component/k2/item/556-recherche-en-ligne When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Office of the Chief Controller for Patents, Industrial Designs and Trademarks.

Trademark registration fee

• Application and publication fee: 360 EUR (for a class of products or services)
• Additional fee for each class of products or services after the first class: 75 EUR
• Fee for repairing physical errors on the form: 40 EUR
• Fee for repairing material defects after publication: 60 EUR
• Application separation fee: 360 EUR
• Additional fee for each product or service class after the first class at single split: 75 EUR

Process of processing trademark registration dossiers through OAPI system

After filing the trademark application, the OAPI IP Authority will proceed to process the application.

Appraisal and disclosure

• OAPI will evaluate the applicant’s application to ensure it meets the eligibility criteria and does not infringe an existing registered trademark.
• If the application is approved, the applicant’s trademark will be published in the OAPI Official Gazette within a certain period of time.

Protest period

• During the objection period, any third party may file an objection to the registration of the trademark by the applicant, stating the reasons for potential infringement or other conflicts.
• If there is an objection, the OAPI will proceed with the dispute settlement procedure.

Registration and certification

• If no objection or objection is resolved in favor of the applicant, the OAPI will issue the applicant a Trademark Registration Certificate.
• This certificate formally confirms the holder’s exclusive right to use the registered trademark for specific products or services within OAPI member countries.

Validity of the Trademark Registration Certificate

The OAPI Diploma of Trademark Protection is valid for 10 years from the date of filing. After 10 years, the applicant can renew several more times, each renewal is also valid for 10 years.

The validity of the OAPI trademark protection diploma includes the following rights:

• Exclusive right to use a trademark: Only the registered trademark owner has the right to use the trademark for products or services specified in the diploma.
• Right to prevent others from using a trademark: A trademark owner can prevent others from using a trademark that is identical or confused with their registered trademark.
• Right to claim damages: If someone infringes a defendant’s trademark rights, the claimant can claim damages.

Building a national trademark registration system in Niger

The establishment of Niger’s private trademark registration system could also bring a number of potential benefits such as:

• Legal autonomy: Niger is free to adapt its laws and trademark registration process to suit the country’s specific needs and conditions.
• Attracting foreign investment: An efficient and transparent trademark registration system can attract foreign investors to Niger, promoting economic development.
• Protect the interests of local businesses: Private systems can focus on protecting the interests of local businesses, especially small and medium enterprises (SMEs).
• Generate revenue for the government: Trademark registration fees can bring revenue to the government, contributing to the national budget.

However, building a private trademark registration system also poses some challenges such as:

• Construction and operating costs: Building and operating a private trademark registration system will require significant financial and human resources.
• Technical complexity: The system needs to be designed and implemented effectively, ensuring security and transparency.
• Risk of duplication: Harmonization between the national system and the OAPI system should be ensured to avoid duplication of registrations and legal conflicts.
• Raising awareness: Businesses and people need to raise awareness about the new trademark registration system.

If you want to apply for trademark registration, please contact Viet An Law Firm for the most effective support.