Trademarks Law in Togo
Trademark Law in Togo
1. Legal Framework
In Togo, trademark protection is governed by the Organisation Africaine de la Propriété Intellectuelle (OAPI), the African Intellectual Property Organization. Togo is a member of OAPI, which means that trademarks are registered centrally through OAPI and are valid in all 17 member states, including Togo. This system simplifies the process by allowing a single application to provide protection across multiple countries.
2. Trademark Registration Process
Filing Authority:
Organisation Africaine de la Propriété Intellectuelle (OAPI)
Website: https://www.oapi.int
Application Process:
Preparation:
Submit a clear representation of the trademark.
Provide a list of goods and services in accordance with the Nice Classification.
Include the applicant's name, nationality, and address.
Submit a signed power of attorney within 30 days (legalization not required).
Examination:
OAPI conducts a formal and substantive examination of the application.
Publication:
If the application passes examination, it is published in the OAPI Bulletin.
Opposition Period:
A 6-month opposition period follows the publication, during which third parties can challenge the registration.
Registration:
If no opposition is filed or if opposition is resolved in favor of the applicant, OAPI issues a registration certificate.
3. Duration and Renewal
Initial Protection:
Trademark protection lasts for 10 years from the filing date.
Renewal:
The trademark can be renewed indefinitely for successive 10-year periods.
Renewal applications should be filed 6 months before the expiration date.
A 6-month grace period is available after expiration, subject to additional fees.
4. Rights Conferred
Exclusive Use:
The registered trademark grants the exclusive right to use the mark for the registered goods and services.
Protection Against Infringement:
The owner can prevent unauthorized use of identical or confusingly similar marks.
Licensing and Assignment:
The trademark can be licensed or assigned to others.
5. Infringement and Enforcement
Non-Use Cancellation:
A registered trademark may be subject to cancellation if not used for 5 consecutive years.
Legal Actions:
Enforcement of trademark rights can be pursued through civil litigation in the courts of Togo.
6. International Protection
Madrid Protocol:
Togo is a member of the Madrid Protocol, allowing for international trademark registration designating Togo.
Paris Convention:
Togo is a member of the Paris Convention, enabling the claim of priority rights for trademarks filed in other member countries.
7. Contact Information
For more information or to initiate the trademark registration process, you can contact:
Organisation Africaine de la Propriété Intellectuelle (OAPI)
Website: https://www.oapi.int
National Institute for Industrial Property and Technology (INPIT), Togo
Address: Rue Atoéta, Doumassesse, B.P. 2339, MIT Building, Lomé, Togo
Email: inpit_snloapi_tg@yahoo.fr
Summary Table
| Feature | Details |
|---|---|
| Governing Law | OAPI (Organisation Africaine de la Propriété Intellectuelle) |
| Registration Authority | OAPI |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 6 months after publication |
| Madrid Protocol Member | Yes |
| Paris Convention Member | Yes |
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