Trademarks Law in Gabon
Trademark law in Gabon is governed by the Organisation Africaine de la Propriété Intellectuelle (OAPI), a regional body that administers intellectual property rights across its 17 member states, including Gabon. OAPI operates under the Bangui Agreement, which provides a unified legal framework for trademark protection in the region.
📄 Trademark Registration Process in Gabon
Application Submission: File a trademark application with OAPI, which covers all member states, including Gabon. The application must include:
A representation of the trademark
A list of goods and/or services classified according to the Nice Classification
Applicant's details (name, address, nationality)
A Power of Attorney (simply signed)
A certified copy of the priority document, if applicable
Examination: OAPI conducts both formal and substantive examinations to assess the application for compliance with legal requirements and potential conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the OAPI Bulletin. Interested parties have a period to file oppositions:
Six months for applications filed before January 1, 2022
Three months for applications filed on or after January 1, 2022
Registration: If no opposition is filed or if any opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Validity: Trademarks are valid for 10 years from the filing date.
Renewal: Renewable 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
⚖️ Use Requirement and Cancellation
Use Requirement: A trademark must be used within five consecutive years from the registration date.
Cancellation: Non-use for five consecutive years renders the trademark vulnerable to cancellation by any interested party
🌍 International Protection
Paris Convention: Gabon is a member of the Paris Convention for the Protection of Industrial Property, allowing for priority claims based on earlier filings in other member countries.
Madrid Protocol: Gabon is not a member of the Madrid Protocol, so international trademark registration through WIPO is not possible
✅ Summary
Trademark registration in Gabon is centralized through OAPI, providing protection across all member states with a single application. The process involves examination, publication, and a period for opposition. Once registered, trademarks are valid for 10 years and can be renewed indefinitely. However, trademarks must be used within five years to maintain their validity. Gabon’s membership in the Paris Convention facilitates international protection through priority claims, but the absence of Madrid Protocol membership limits options for international registration.
RELATED Blog
0 comments