Trademark protection registration through the OAPI system

OAPI system is applied in Africa, which is said to be a potential market, especially countries such as Nigeria, Kenya, Egypt, and South Africa. With a large young population, stable economic growth and market opening policies, this continent is attracting the attention of many businesses around the world. Investing in Africa not only brings opportunities to access vast new markets, but also helps businesses reduce production costs, build a positive brand image, and contribute to the sustainable development of the community. However, there are many countries that do not have their own trademark registration system, therefore, the best way to protect a trademark is to register it through the common intellectual property system called OAPI. Viet An Law would like to provide you with a preliminary guide on this procedure through the article below.

Overview of OAPI system

What is OAPI?

OAPI stands for Organisation Africaine de la Propriété Intellectuelle, which translates into Vietnamese as African Intellectual Property Organization. It is an intergovernmental organization based in Yaoundé, Cameroon.

The role of OAPI in the field of intellectual property

OAPI plays an important role in the protection and management of intellectual property rights in member states in Africa. Concrete:

• Granting and managing intellectual property rights:OAPI is responsible for granting and managing patents, trademarks, industrial designs, etc. for individuals and organizations.
• Creating a common market for intellectual property:Thanks to OAPI, the registration of intellectual property protection has become simpler and more uniform, facilitating cross-border business activities.
• Providing information and training:OAPI organizes training programs and provides information on intellectual property to raise awareness for the community.

Types of trademarks that can be registered through the OAPI system

• Trademark letters: can include brand names and slogans.
• Graphic trademarks: may include graphic symbols representing the brand and images of products, animals, people, or any other imagery as long as they are not contrary to ethical and legal norms.
• Combined trademark: is a combination of words and pictures, for example, a combination of brand name and logo or a combination of many elements including letters, images, colors, sounds, etc.
• Three-dimensional branding: including 3D products or packaging:
• Sound brand: includes Jingle i.e. short, memorable melodies or characteristic sounds related to the product or service.
• Color brand: can register single color or color combination: Harmonious combination of multiple colors.

Trademark registration dossier through the OAPI system

Application Form: The applicant fills in complete information about the trademark, owner, product/service, etc. in the ARIPO Form TM1 form which can be downloaded from the ARIPO website.

Trademark image: The applicant needs to provide a clear image of the trademark with a minimum size of 5 cm x 5 cm and JPG, JPEG, PNG or TIFF format (if filing online)

List of goods/services: The applicant lists all the goods/services for which the applicant wants to protect the trademark. Applicants need to use the Nice Classification Table to classify goods/services.

Power of attorney (if applicable): If the applicant authorizes someone else to represent the applicant during the registration process, a power of attorney is required.

Trademark registration fee through the OAPI system

Step 1: Search before applying (if needed)

• Purpose:To help determine the possibility of registering your trademark.
• Fees:
  • First 3 groups of goods/services: 830 USD
  • Each additional group: $225
• Note:
  • Not required.
  • The search results are based on the OAPI database only.
  • Receive results by email within 15 working days.

Step 2: Filing a trademark registration application

• Application Fee:
  • First 3 groups of goods/services: 2,630 USD
  • Each additional group: 665 USD

Step 3: Issue the certificate

Fee: $235 per application.

Process of processing trademark registration applications through the OAPI system

• Choose a representative: While you can file your own application, hiring an experienced attorney or intellectual property representative will make the trademark registration process more convenient.
• Application: Submit the completed trademark registration dossier at the OAPI office.
• Examination: OAPI will check your application to ensure it meets the requirements and does not duplicate the registered trademark.
• Publication: If your application is approved, the trademark will be published in the Official Gazette of OAPI. During this time, information about your trademark will be made public for everyone to know.
• Opposition Period: During the publication period, third parties may object to the issuance of this trademark. You can respond to the objecting party in writing.
• Grant of Registration: If there is no objection or objection has been denied, your trademark will be granted registration and you will receive a certificate.

If you wish to apply for trademark registration through the OAPI system, please contact Viet An Law for the most effective support.