Trademark registration in Senegal

Senegal is a country with many advantages in fields to be able to develop business brands. Senegal has a developed agriculture with many high-quality agricultural products such as coffee, cocoa, mango, cashew,… However, the added value of these products is still low due to the limitation of deep processing. Therefore, the registration of trademarks for processed agricultural products such as roasted coffee, cocoa powder, fruit drying, etc. can help businesses increase product value, access high-end markets and affirm their brand in the international market. The demand for food and beverages in Senegal is increasing, especially products of natural origin and safe for health. Businesses can register trademarks for products such as fish sauce, confectionery, soft drinks, etc. to meet this demand and build a reputable brand in the market. The pharmaceutical and cosmetics industry in Senegal is growing at a high rate, but the proportion of domestic products is still low. Businesses can register trademarks for pharmaceutical products, functional foods, natural cosmetics, etc. to take advantage of market potential and affirm the prestigious brand. Senegal has many traditional craft villages producing exquisite handicrafts such as: ceramics, embroidery paintings, wooden statues, … Businesses can register trademarks for handicraft products to protect traditional cultural values and enhance product value in the market. In addition to selecting potential fields, businesses also need to carefully research the market, assess competitiveness and build an effective marketing strategy to succeed in registering and developing a trademark in Senegal. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Senegal through the article below.

Legal Basis

• Stipulated on 24 February 1999, pursuant to the Agreement Amending the Bangui Agreement of 2 March 1977 on the establishment of the African Intellectual Property Organization

Definition of Trademark Registration in Senegal

A trademark in Senegal is a sign or symbol used to distinguish the goods or services of one business from another. Trademarks can be words, designs, letters, numbers, shapes of goods or their packaging, or a combination of these elements.

Conditions for Trademark Registration in Senegal

Uniqueness

• The trademark of the applicant must be capable of distinguishing the goods or services of the applicant from the goods or services of others.
• The trademark must not be identical or confusing to an existing registered trademark.

Eligibility

• Any individual, company, or legal entity can file a trademark application.
• If the applicant is not a resident of Senegal, the applicant may have to appoint a local representative to file the application

Types of trademarks that can be registered in Senegal

• Word marks: Include only words, letters, or numbers.
• Image Marks: Trademarks indicated by designs, logos, or symbols.
• Combined trademark: It is a combination of word marks and visual elements.
• Three-dimensional labeling: Protect product shape or product packaging.
• Color trademarks: Depending on the specific case, colors can be registered as trademarks.
• Sound trademarks: Depending on the specific case, unique sounds can be protected as trademarks.

Note: Not all types of trademarks can be registered easily. For example, descriptive terms or generic words are generally not protected.

Trademark Registration Records in Senegal

To register a trademark in Senegal, the applicant needs to prepare the following documents:

• Application Form: The application form can be downloaded from the website of the African Office of Intellectual Property (OAPI). The application must include information about:
  • Trademark Owner
  • Trademark to be registered
  • List of goods or services for which the trademark is used
  • The country or region in which the applicant wants to protect the trademark
• Trademark drawings: Drawings must clearly and accurately represent the trademark to be registered. Drawings can be submitted as digital drawings or hand drawings.
• Power of attorney (if applicable): If the applicant authorizes another person to represent the applicant during the trademark registration process, the applicant needs to file a power of attorney.
• Registration Fee: The fee for registering a trademark in Senegal will depend on the number of goods or services listed in the application.

How to file a trademark application in Senegal

To file a trademark protection application in Senegal, you can file by the following filing methods:

• Direct filing: Clients can go directly to the African Intellectual Property Office (OAPI) at Boulevard des Tensoaba, 17 BP 15 Ouagadougou to submit the application and related documents.
• By post or email, fax: You can send the application form and all necessary documents through the postal service or courier service to the address of the Office of Intellectual Property of Africa (OAPI) at Boulevard des Tensoaba, 17 BP 15 Ouagadougou.
• Submit online via the website: http://www.commerce.gov.bf/ When applying online, you need to pay attention to the payment of the relevant fees according to the instructions of the African Intellectual Property Office.

Trademark Application Processing Process in Senegal

Submit the application: The application must be submitted to the African Office of Intellectual Property (OAPI) in Fulah, Dyula, or English. The application fee must be paid together with the application.

Formal review: OAPI will review whether the application has been submitted properly and with sufficient information. If the application does not meet the formal requirements, OAPI will ask you to amend or supplement the information.

Content due diligence: OAPI will consider whether the trademark meets the content requirements. A trademark may not be registered if:

• Trademark lacks distinction
• Trademarks infringe on the intellectual property rights of others
• Trademarks that are contrary to public morals or social order

Publication: If the trademark meets the requirements for form and content, OAPI will publish the trademark in the Intellectual Property Gazette. Anyone can file an opposition to the registration of a trademark within 3 months from the date of publication.

Issue a Trademark Registration Certificate: If no opposition is filed, OAPI will issue you a Trademark Registration Certificate.

Trademark registration time

The process of registering a trademark in Senegal usually takes between 10 and 12 months

Trademark registration services in Senegal by Viet An Law Firm

• Perform the search and notify the customer in writing of the result of the trademark search in Senegal;
• Drafting dossiers and directly filing and monitoring the status of trademark application filings in Senegal on behalf of trademark owners;
• Notifying, advising and handling shortcomings/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Senegal;
• Assisting in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Senegal.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a trademark registration application in Senegal, please contact Viet An Law for the most effective support.