Trademarks Law in Central African Republic

Here’s an overview of Trademark Law in the Central African Republic (CAR):

📘 Legal Framework in the Central African Republic

The Central African Republic is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) — the African Intellectual Property Organization. This means that trademark protection in CAR is governed by regional OAPI law, not national law alone.

1. Primary Legal Instrument

The Bangui Agreement (revised in 1999, and more recently in 2015)
This treaty serves as the legal foundation for intellectual property rights, including trademarks, in all OAPI member states, including CAR.

🛡️ What Can Be Registered as a Trademark?

Under the OAPI system, registrable trademarks include:

Words or combinations of words

Logos, symbols, images

Letters, numbers

Shapes, colors, and sound marks (if distinctive)

Slogans and trade names

The mark must:

Be distinctive

Not be deceptive, contrary to public order, or similar to existing marks

⚖️ Rights Granted

Trademark registration grants the owner:

Exclusive rights to use the mark in all 17 OAPI member countries, including CAR

The ability to prevent unauthorized use or imitation

Rights to assign or license the trademark

🕒 Duration of Protection

Initial registration: 10 years

Renewable indefinitely for 10-year periods

Grace period of 6 months for late renewal with surcharge

🌍 International Context

CAR, through OAPI, is part of:

Paris Convention

TRIPS Agreement

Nice Agreement (for classification of goods/services)

However, OAPI is not a member of the Madrid Protocol, so international registrations via Madrid do not cover OAPI countries.

🏛️ Trademark Registration and Administration

Trademarks are registered through OAPI, headquartered in Yaoundé, Cameroon.

CAR does not have its own national trademark office — all filings go through OAPI.

Applications are reviewed for distinctiveness and then published for opposition.

📌 Enforcement

Trademark rights in CAR can be enforced via:

Civil courts (infringement suits, injunctions, damages)

Customs authorities (to block counterfeits)

Administrative actions through national IP contact points or directly through OAPI

Key Advantages of OAPI System

One registration = protection in 17 countries (including CAR)

Simplified and harmonized procedures

Centralized administration and enforcement support

 

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