What is the procedure for filing an application for the registration of a trademark?

According to the OAPI, in order for a brand to be registered, its conditions of use must be fixed by a regulation approved by the competent authority and only public bodies, trade unions or groups of trade unions, associations, groups of producers, industrialists, craftsmen or merchants may use it, provided they are officially recognized and have legal capacity. According to Article 8 of Annex III of the Bangui Agreement of 24 February 1999 as amended, the various documents which compose a file of application for trademark registration:

  • request addressed to the Director General of the Organization in sufficient number of copies
  • proof of payment of the filing fee to the Organization;
  • a power of attorney under private seal, without stamp, if the applicant is represented by an agent;
  • the reproduction of the trade mark containing the list of goods or services to which the trade mark applies and of the corresponding classes of the International Classification of Goods and Services for the purposes of the registration of trade marks (Nice Agreement); The number of reproductions of the brand to be provided shall be determined by the regulations for the application of this Annex;
  • the regulation of use attached to the collective brand must be approved by a ministerial decision setting out the conditions for use of the brand
  • There are two modes of deposit: either a direct deposit or an indirect deposit.
  • Direct deposit: application is filed directly with the OAPI or sent by post. For applicants domiciled outside the OAPI, they must file with the OAPI through a representative chosen in one of the member states.
  • Indirect deposit: application filed with the Ministry in charge of industrial property. This method of filing is reserved for applicants domiciled in the territory of OAPI.

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