Trademarks in the Congo (Republic of the)

Competent Authority & System

• Official Authority: the African Intellectual Property Organization (OAPI), based in Yaoundé, Cameroon. The Republic of the Congo is one of its member states.
• Legislation: the Bangui Agreement of 2 March 1977 on the creation of OAPI, as revised on 24 February 1999. Its Annex III deals with marks.
• System: one OAPI registration covers all member states at once. There is no separate national filing for the Republic of the Congo.

Applicant & Representation Requirements

• Applicants domiciled outside the member states: they file through an agent selected in one of the member states. Agents are accredited to the Organization under rules adopted by its Administrative Council.
• Communications: when an agent is appointed, a communication sent by OAPI to the agent has the same effect as if it had been sent to the applicant.

Online Services & Database

• Forms: OAPI publishes its forms on its website, among them the application for trademark registration (MA301), the renewal request (RM302), the extension of effects (Mex301), and the forms for transfers (M203), changes of name (M205) and changes of address (M206).

Publication & Opposition

• Opposition period: any interested party may oppose the registration of a mark by writing to the Organization within six months from the publication of the mark.

Duration & Renewal

• Validity period: a registration is valid for ten years from the filing date of the application.
• Renewal: ownership of the mark can be kept indefinitely by renewing every ten years. The renewal fees are paid during the last year of the ten-year period. A six-month grace period follows that year, with a surcharge.
• Fees: the fees are set by regulation and are paid only to OAPI.

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.