Trademarks Law in Cook Islands
Here is a comprehensive overview of Trademark Law in the Republic of the Congo:
Trademark Law in the Republic of the Congo
Trademark protection in the Republic of the Congo is governed by the Organisation Africaine de la Propriété Intellectuelle (OAPI), the African Intellectual Property Organization. OAPI provides a unified system for trademark registration across its 17 member states, including the Republic of the Congo.
Key Features of Trademark Law in the Republic of the Congo
1. Registration System
First-to-file principle: Trademark rights are acquired through registration, not use.
Single application: A single application filed with OAPI covers all member states, including the Republic of the Congo.
No national registration: It is not possible to obtain national trademark registration in the Republic of the Congo outside the OAPI system.
2. Trademark Duration and Renewal
Initial protection: Trademark registrations are valid for 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods upon payment of the renewal fees.
Grace period: A six-month grace period is allowed for late payment of renewal fees.
3. Opposition and Cancellation
Opposition: Interested parties can oppose a trademark application within three months from the publication date. For applications filed before January 1, 2022, the opposition period is six months.
Cancellation: A registered trademark may be subject to cancellation if it has not been used for three consecutive years.
4. Examination and Publication
Examination: OAPI conducts formal and substantive examinations of trademark applications.
Publication: Accepted trademarks are published in the OAPI Official Bulletin.
Opposition period: The publication marks the commencement of the opposition period during which third parties can file objections.
5. Rights Conferred
Exclusive use: The registered owner has the exclusive right to use the trademark concerning the goods or services for which it is registered.
Prevention of unauthorized use: The owner can prevent others from using identical or confusingly similar marks.
Assignment and licensing: The trademark can be assigned or licensed to others.
6. International Treaties
Paris Convention: The Republic of the Congo is a member of the Paris Convention for the Protection of Industrial Property.
Madrid Protocol: The Republic of the Congo is a member of the Madrid Protocol, allowing for international trademark registration through a single application.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | OAPI Trademark System |
| Registration Authority | OAPI |
| Duration | 10 years from filing, renewable every 10 years |
| Opposition Period | 3 months (applications filed from January 1, 2022); 6 months (prior) |
| Cancellation for Non-use | After 3 consecutive years of non-use |
| Grace Period for Renewal | 6 months |
| International Treaties | Paris Convention, Madrid Protocol |
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