Trademarks in the Comoros

Competent Authority

• Name of Office: African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle - OAPI), headquartered in Yaoundé, Cameroon. Comoros is a member state, meaning regional trademark protection is governed through OAPI under the Bangui Agreement rather than via a standalone national office for independent domestic filings (though a national liaison structure, the Comorian Industrial Property Office, operates locally under the Ministry).
• Working Language: French.
• System Type: Regional (a single OAPI registration automatically covers all member states simultaneously, including Comoros, with no separate individual state filings required).

International Treaties

• Paris Convention: Member (via OAPI accession).
• Madrid System: OAPI is not a member of the Madrid Agreement or the Madrid Protocol. Trademarks cannot be extended to OAPI or Comoros via international Madrid system designations; filings must be executed directly through the regional system.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Applicants who do not have their domicile or principal place of business within an OAPI member state must be represented by an authorized professional agent/representative accredited with OAPI.
• Power of Attorney (POA): A simply signed Power of Attorney is required. Neither notarization nor legalization/apostille is strictly mandated.

Online Filing and Search

• Electronic Filing: Available via the official OAPI digital platform.
• Trademark Search: Conducted via OAPI's official portal or database search tools to review prior conflicting rights.

Protectable Trademark Types

• Word marks, figurative marks, and combined marks.
• Applications must be submitted in French.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported.

Examination

• Scope: OAPI performs formal examinations and substantive examinations covering absolute grounds (such as distinctiveness, public order, and morality) and relative grounds (prior conflicting rights on the regional register).

Publication and Opposition

• Opposition System: Approved applications are published in the official OAPI journal (BOPI). Interested third parties may file a notice of opposition within 6 months of the publication date.

Timeframes

• Registration Timeline: Approximately 6 to 12 months for a straightforward, unopposed application proceeding smoothly through examination and publication.

Official Fees

• Official fee schedules are set in Central African CFA Franc (XAF) or Euros (EUR) at the regional level. Standard baseline filing costs approximately EUR 730 for the first class and EUR 165 for each additional class (Source: OAPI Official Fee Schedules / Practice Guides).

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed within the final 12 months prior to expiration, backed by a 6-month grace period subject to late surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions if it is not put to genuine commercial use within 5 consecutive years following registration. Use of the mark in any single OAPI member state preserves validity across the entire regional territory.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, license agreements, and changes of name or address must be formally recorded at OAPI headquarters to ensure legal validity and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled through OAPI administrative dispute resolution mechanisms and national judicial courts across member states. Protection extends to well-known marks and regional anti-counterfeiting customs enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.