Trademarks Law in DR Congo
Here’s an overview of Trademark Law in the Democratic Republic of Congo (DR Congo):
📘 Legal Framework in DR Congo
1. Applicable Law
DR Congo is a member of the African Intellectual Property Organization (OAPI).
Therefore, trademark protection in DR Congo is governed by the Bangui Agreement (revised in 1999 and updated in 2015) under OAPI, which harmonizes IP law among its 17 member states.
🛡️ Trademark Protection
What Can Be Registered?
Words, names, letters, numerals
Logos, designs, symbols
3D shapes
Sounds and colors (if distinctive)
Slogans and other signs
The trademark must be:
Distinctive
Not deceptive or contrary to public order or morality
Not confusingly similar or identical to existing marks
⚖️ Rights Granted
Trademark registration grants the owner:
Exclusive right to use the trademark across all OAPI member states, including DR Congo
The right to prevent unauthorized use or imitation
The ability to license, assign, or transfer the trademark
🕒 Duration of Protection
Initial term: 10 years from filing date
Renewable indefinitely for 10-year periods upon payment of fees
Grace period of 6 months for late renewal with surcharge
🌍 International Treaties
Through OAPI, DR Congo is party to:
Paris Convention
TRIPS Agreement
Nice Classification system
Bangui Agreement
Note: OAPI is not part of the Madrid Protocol, so international registrations via Madrid do not cover DR Congo.
🏛️ Administration
Trademarks are registered and administered by the OAPI Headquarters in Yaoundé, Cameroon.
DR Congo does not maintain a separate national trademark office.
Applications are centralized and cover all OAPI countries.
Examination includes distinctiveness checks and publication for opposition.
📌 Enforcement
Trademark enforcement is done through national courts in DR Congo, supported by OAPI regional mechanisms.
Remedies include injunctions, damages, and seizure of counterfeit goods.
Customs can intervene against counterfeit imports.
✅ Key Points
One trademark registration with OAPI provides protection in all member states, including DR Congo.
Simplified, centralized procedure for trademark owners.
Use of trademarks must be genuine; non-use can lead to cancellation.
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