Trademarks Law in Equatorial Guinea
Certainly! Here’s an overview of trademark law in Equatorial Guinea:
🇬🇶 Trademark Law in Equatorial Guinea
📜 Governing Legislation:
Equatorial Guinea is a member of the African Intellectual Property Organization (OAPI).
Trademark law is governed by the Bangui Agreement, which established OAPI and provides a unified system for intellectual property protection among member states.
The OAPI Bangui Agreement covers trademarks, patents, industrial designs, and other IP rights.
Trademark applications and registrations are handled centrally by the OAPI Office in Yaoundé, Cameroon, and protection is effective in all member states, including Equatorial Guinea.
🔖 What is a Trademark?
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
Includes words, logos, designs, letters, numbers, sounds, shapes, colors, or any combination thereof.
📋 Trademark Registration:
Registration is mandatory to obtain trademark rights.
Applications are filed directly with the OAPI Office.
A single registration covers all OAPI member countries, including Equatorial Guinea.
📝 Requirements for Registration:
The trademark must be distinctive.
Must not be generic, deceptive, or contrary to public order or morality.
Must not conflict with earlier trademarks or well-known marks within OAPI’s jurisdiction.
⏳ Duration of Protection:
Initial term of protection is 10 years from the filing date.
Renewable indefinitely for additional 10-year periods upon payment of renewal fees.
🛡️ Rights Conferred:
Exclusive right to use the trademark in all OAPI member countries.
Right to prevent unauthorized use, imitation, or registration by others.
Right to license, assign, or transfer the trademark.
⚖️ Enforcement and Remedies:
Trademark infringement is subject to civil and criminal penalties.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Enforcement is through the national courts of the member states and under OAPI regulations.
🌍 International Treaties:
Equatorial Guinea, through OAPI, benefits from:
Bangui Agreement (OAPI common system)
Paris Convention (via OAPI)
Madrid Protocol (note: OAPI itself is not a member, but some OAPI states may have bilateral agreements)
TRIPS Agreement (WTO membership)
Various WIPO treaties
📝 Summary Table:
| Aspect | Detail |
|---|---|
| Law | OAPI Bangui Agreement |
| Office | OAPI (Yaoundé, Cameroon) |
| Registration | Mandatory, centralized through OAPI |
| Duration | 10 years, renewable |
| Rights | Exclusive use, licensing, enforcement |
| Enforcement | Civil and criminal remedies |
| International Treaties | Paris, TRIPS, Bangui Agreement |
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