Trademark registration in Côte d’Ivoire

Côte d’Ivoire possesses many advantages of economic development, but it is necessary to solve challenges to attract investment and sustainable development. Côte d’Ivoire possesses abundant reserves of oil, gas, cocoa, coffee, wood and rubber. The economy is based on exports of agricultural commodities such as cocoa (accounting for 40% of global cocoa production), coffee, palm oil, rubber. The system of seaports, roads and airports is modernly invested, creating favorable conditions for international trade. The Government of Côte d’Ivoire strives to improve the investment environment and attract foreign investment. The favorable geographical location helps Côte d’Ivoire become the center of trade and services of the West African region. Côte d’Ivoire is a member of many regional economic organizations such as the Economic Community of West African States (ECOWAS) and the West African Customs Union (UEMOA), facilitating access to a vast market of more than 300 million people. Côte d’Ivoire possesses many unique cultural and natural heritages with great potential for tourism development. Therefore, more and more businesses want to expand their business scope here. To be able to differentiate your brand from other competitors, the most important thing for every business is to register a trademark. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Côte d’Ivoire through the article below.

Legal basis

• Law No. 2016-555 of July 26, 2016 on Copyright and Related Rights;
• Decree No. 2012-699 of August 1, 2012 on the Establishment, Assignment, Organization and Operation of the National Committee for Geographical Indications and Collective Marks of Côte d’Ivoire, abbreviated as OIPI.

General overview of “trademarks” in Côte d’Ivoire

Definition

Any mark that is likely to distinguish the goods or services of one business from those of other businesses may be considered trademarks.

Types of trademarks

• Personal mark: This type of trademark is used directly or indirectly by the owner. They help to distinguish:
  • Manufacturer’s products (brands) e.g. Dinor, Farinor, Ideal;
  • Or trader’s (brand) e.g. Sococe, Orange;
  • Or the service provider (service brand) e.g. Chronopost, Air Ivoire, DHL;
• Collective marks: Collective marks used jointly by certain persons (public law groups, alliances, associations, producer groups) must comply with the rules of use approved by the National Commission on Trademarks and Geographical Indications (OIPI).
• Certification mark: A certification mark is used by an organization to certify that products or services comply with specific standards or specifications.
• Trademark:  A trademark is used to protect geographical indications or appellations of origin.

Trademark dossier in Côte d’Ivoire

To register a trademark in Côte d’Ivoire, the applicant needs to submit a registration application to the Ivorian Intellectual Property Office – Ministry of Industry and Private Sector Promotion (OIPI). Here is a list of required documents:

Application: The application must be filled out in French or English. Applicants can download the official application form from the OIPI’s website: https://oipi.ci/wp-content/uploads/2024/01/demande_NC501.pdf

Information about the owner:

• Full name, address and nationality of the owner.
• If the owner is a company, please provide the full name, address, nationality, and business registration number of the company.

Trademark information:

• Detailed description of the trademark: Include clear images (if applicable), wording, and any specific colors used.
• A list of goods or services for which the trademark will be used. Classify these goods/services using the International Classification of Goods and Services (Nice Classification).

Registration fee: The registration fee depends on the number of groups of goods or services the applicant wants to protect. Applicants can find the fee table on the OIPI website.

Additional materials:

• If the applicant is not a citizen of Côte d’Ivoire, the applicant should appoint an authorized local representative.
• If the trademark is already registered in another country, please provide a copy of the foreign registration certificate.

Trademark registration fees and trademark application processing process in Côte d’Ivoire

Trademark registration fee

Check whether the sign or wording the applicant wants to protect is available, i.e. not yet owned by someone else. To do this, ask the Ivorian Intellectual Property Office (OIPI) to conduct a priority search for the applicant. Performance fee: 145,000 FCFA

Trademark registration process

Request OIPI to check the logo or mark to be protected

Get the form at OIPI or on the www.oipi.ci website

Complete the form (typed) and bring it to OIPI for inspection

Pay a protection fee in the amount of 360,000 FCFA for 1 class of product or service

Filing an additional 75,000 FCFA for each subsequent product or service class

Register completed forms at OIPI for domestic applicants (FCFA 10,000 fee). Overseas applicants need to submit a request directly to the OAPI through a representative.

Send the original fee payment receipt and two (4) registered application forms to OAPI in Yaoundé, Cameroon by courier service within 5 days after registration (shipping cost is responsible for the applicant: 30,000 FCFA)

Note: The protection fee covers the cost of the following steps:

• Review trademark usability
• Review and trademark registration
• Issuance of Trademark Registration Certificate

How to file for trademark registration in Côte d’Ivoire

To file for trademark protection in Côte d’Ivoire, you can file using the following filing methods:

• Direct Submission: You can come directly to the office of the Intellectual Property Office of Côte d’Ivoire – Ministry of Industry and the Promotion of the Private Sector (OIPI) at B.P. V 65 Abidjan Immeuble de l’Industrie Rue Lecoeur, Plateau 01 BP 2337 Abidjan 01 to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of  the Ivorian Intellectual Property Office – Ministry of Industry and Private Sector Promotion (OIPI) at B.P. V 65 Abidjan Immeuble de l’Industrie Rue Lecoeur,  Plateau 01 BP 2337 Abidjan 01.
• Submit online via website:

https://oipi.ci/service/marques/  When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Ivorian Intellectual Property Office

Trademark registration service in Côte d’Ivoire of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Côte d’Ivoire;
• Drafting dossiers and directly submitting and monitoring the status of trademark filings in Côte d’Ivoire 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 Côte d’Ivoire;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Côte d’Ivoire.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Côte d’Ivoire, please contact Viet An Law Firm for the most effective support.