Trademark registration in Burkina Faso

Burkina Faso is a landlocked country located in West Africa. It borders Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Ivory Coast to the southwest. Although not adjacent to the sea to facilitate the development of shipping goods by sea or carrying out import and export activities, the country is located in the heart of West Africa, bordering six countries that both make it a regional trade and trade center.  while providing opportunities for trade and cooperation with neighboring countries. Nature in Burkina Faso mainly consists of mountains, steppes and deserts, setting the stage for becoming a potential tourist destination. Investors who want to expand the scope of their business here, the first thing to differentiate their brand from other competitors is the registration of trademarks. Viet An Law would like to guide customers through the preliminary procedures for trademark registration at Burkian Faso through the article below.

Legal basis

• Customs Code (WEAMU: West African Economic and Monetary Union);
• Law No. 010/93/ADP on Judicial Organization

The concept of “trademark” in Burkina Faso

According to the law in Burkina Faso, trademarks are:

• A sign: Includes words, proper names, letters, numbers, drawings, images, shapes of goods or packaging, colors, sounds, or any combination
• Ability to distinguish one person’s goods or services from others: This means that it must be unique and clearly identify the origin of the product or service.
• Can be expressed in the National Trademark Register in such a way that it is possible to clearly and accurately identify the object of protection, granted by registration: This emphasizes the importance of clearly and accurately representing a trademark when registering.

Thus, a trademark in Burkina Faso can be any mark that is unique and recognizable, including categories such as words, symbols, designs, or sounds, that distinguish a company’s goods or services from those of its competitors. A trademark may be registered to receive legal protection and prevent others from using identical or similar signs that may confuse consumers.

Benefits of trademark registration

Legal protection

Combat the unauthorized use of corporate trademarks by impersonators and create barriers to unfair competition.

Increase brand awareness

Help customers differentiate your product or service from your competitors and build credibility and trust for your brand. In addition, this also contributes to increasing brand value.

Build a competitive advantage

Provide businesses with exclusive rights to use trademarks within the scope of protection, helping businesses dominate the market and attract potential customers.

Expanding business opportunities

Allow a business to license or franchise its trademark, facilitating the export of its products or services. This is also a bridge, opening up opportunities for cooperation with other businesses.

Trademark registration documents in Burkina Faso

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

• Application form: The application form can be downloaded from the website of the Burkina Faso Intellectual Property Office (OAPI). The application must include information about:
  • Trademark owner
  • Trademark needs registration
  • List of goods or services for which the trademark is used
  • The country or region where the applicant wants trademark protection
• Trademark drawings: Drawings must clearly and accurately represent the trademark to be registered. Drawings can be submitted as digital drawings or hand-drawn 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 submit a power of attorney.
• Registration Fee: The fee for registering a trademark in Burkina Faso will depend on the quantity of goods or services listed in the application.

Trademark registration fees in Burkina Faso

The trademark registration fee in Burkina Faso depends on the number of groups of goods or services included in the applicant’s application.

Up to 3 service groups the service fee is 46,155 (FCFA) – the currency of Burkina Faso. For each additional service group/cargo registration, the service fee will increase to approximately 10,490

Fees may change if the applicant requests additional documents such as proof of priority or application through an authorized representative.

How to file a trademark application in Burkina Faso

To file for trademark protection in Burkina Faso, you can file using the following filing methods:

• Direct Submission: You can come directly to the Burkina Faso Intellectual Property Office (OAPI) at Boulevard des Tensoaba, 17 BP 15 Ouagadougou to file your application and related documents.
• By Post or Email, Fax: You can send your application and all required documents via postal or courier service to the address of the Intellectual Property Office of Burkina Faso (OAPI) at Boulevard des Tensoaba, 17 BP 15 Ouagadougou.
• Submit online via website: http://www.commerce.gov.bf/ When applying online, you should pay attention to the payment of the relevant fee under the instructions of the Burkina Faso Intellectual Property Office.

Trademark application processing process in Burkina Faso

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

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

Content due diligence: The OAPI will review whether the mark meets the content requirements. A trademark is not registered if:

• Trademarks lack distinctiveness
• A trademark that infringes the intellectual property rights of others
• Trademarks contrary to public morals or social order

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

Issuance of a Trademark Registration Certificate: If no objection is filed, OAPI will issue a Trademark Registration Certificate to you.

Trademark registration period

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

Trademark registration service in Burkina Faso of Viet An Law Firm

• Search and notify customers in writing of the results of the trademark search in Burkina Faso;
• Drafting dossiers and directly submitting and monitoring the status of trademark filings in Burkina Faso on behalf of trademark owners;
• Inform, advise, and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Burkina Faso;
• Assist in monitoring, and representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Burkina Faso.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for trademark registration in Burkina Faso, please contact Viet An Law Firm for the most effective support.

Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.