HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

OAPI Trade Mark Registrations

African Intellectual Property Organisation (AIPO/OAPI) - The member States are Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Comoro Island, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, Togo,

One application automatically covers all member states.  It is not possible to obtain national registrations or renewal in any one member state.

  1. Filing requirements
    1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
    2. List of goods and/or services.
    3. A simply signed power of attorney.
    4. Clear print of device mark.
    5. If priority is claimed:  Certified copy of home application/registration.

  2. Classification
    1. The 11th Edition of the International Classification (Nice Agreement) is followed. 
    2. Multiclass – Yes.
    3. Goods and service classes must be filed separately to obtain the 3 class fees.

  3. General
    1. Duration: 10 years from date of application and renewable for further periods of 10 years (even if priority is claimed).
    2. Use: Although proof of use is no longer required for renewal purposes, non-use of the trade mark within 5 years from the application date may render the mark vulnerable to expungement.
    3. Marking: Not compulsory but advisable.
    4. Licenses: Compulsory.
    5. Assignments of applications are permitted.
    6. Searches available within approximately 10-14 working days from instruction and are conducted on an online official register.


* Please note: Separate applications are required for Goods & Service classes.

LATEST NEWS

When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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