Trademarks Law in Burkina Faso
Certainly! Here's an overview of Trademark Law in Burkina Faso:
Trademark Law in Burkina Faso
Legal Framework
Burkina Faso’s trademark system is governed by the Bangui Agreement, which is the legal framework for intellectual property in OAPI (African Intellectual Property Organization).
OAPI is a regional IP organization serving 17 member states, including Burkina Faso.
The specific law applicable is the Annex III of the Bangui Agreement, which governs trademarks.
Key Features
1. What Can Be Registered as a Trademark?
Any visible sign capable of distinguishing goods or services, including:
Words, names, slogans
Logos, designs, symbols
Letters, numbers
Three-dimensional shapes
Combinations of the above
2. Regional System (OAPI)
Centralized system: One application through OAPI grants protection in all 17 member states.
No national trademark office exists in Burkina Faso; all filings go through OAPI headquarters in Yaoundé, Cameroon.
3. Registration Process
Application submitted to OAPI directly or through a national liaison office (e.g., the IP department in Burkina Faso).
Includes formal examination and substantive examination.
If approved, the mark is published in the OAPI Bulletin.
If unopposed within 6 months, the trademark is registered.
4. Duration and Renewal
Protection lasts 10 years from the filing date.
Renewable indefinitely for 10-year periods.
Renewal must be requested before the expiration date (grace period available with late fee).
5. Rights Conferred
Exclusive right to use the trademark for the designated goods/services.
Right to prevent third parties from using identical or confusingly similar marks.
Rights extend across all 17 OAPI member states.
6. Infringement and Enforcement
Enforcement is through national courts of the member state (e.g., Burkina Faso courts).
Legal remedies include:
Injunctions
Damages
Seizure and destruction of infringing goods
Criminal penalties may apply for counterfeiting and repeat offenses.
7. International Treaties
As an OAPI member, Burkina Faso is part of:
The Paris Convention
The Madrid Agreement and Protocol (through OAPI)
The TRIPS Agreement (via WTO membership)
WIPO treaties
Summary
| Feature | Description |
|---|---|
| Governing Law | Bangui Agreement (OAPI – Annex III) |
| Registration System | Regional (OAPI – covers 17 countries) |
| Duration of Protection | 10 years (renewable indefinitely) |
| Registration Authority | OAPI (based in Yaoundé, Cameroon) |
| International Treaties | Paris, Madrid, TRIPS, WIPO |
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