• Trademark fees

Fees associated with filing trademark applications in OAPI, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications

Multiple-class trademark applications are possible in OAPI.

• Minimum filing requirements

To obtain the date of filing a trademark application in OAPI should contain at least:
- applicant’s details;
- representation of a trademark;
- list of the goods and/or services;
- payment of the prescribed fee.

• Requirements for the Power of Attorney

Legalization of the POA form is not required. A scanned copy of a simply signed Power of Attorney, referencing the name and capacity of the executor, as well as the date and place of execution, must be submitted as soon as possible, and no later than 3 months from OAPI’s official action requesting the POA.

• Priority document

The certified copy of the priority document in English or French must be provided within three months from filing of the trademark application.

• Opposition period

The opposition period is three months from the date of publication of the application in the Trademark Journal.

• Validity term and trademark renewal

The trademark in OAPI is valid for ten years from the date of filing. This term is renewable an unlimited number of times for 10-year periods. Renewal fees may be paid within one year prior to the expiry of protection term. Late renewal of a trademark in OAPI is possible within six months after the expiry date by paying the fine, alongside the renewal fees. If the renewal is not paid within this grace period, the applicant can only regain rights in the trademark by filing a restoration application. The restoration application must be filed within 2 years from the initial renewal deadline.

• Use requirement

Registration of the trademark in OAPI can be canceled on the grounds of non-use upon a third party's request if it has not been used for an uninterrupted period of 5 years prior to the request. The use in one of the OAPI member states is sufficient to satisfy the use requirement for all member countries.

• Representation by a trademark attorney

For foreigners not residing in any of the OAPI member states and desirous of filing the trademark directly at OAPI, the trademark application and maintenance must be filed through an OAPI licensed attorney.

•  Notes

1. Online Search Database for OAPI Trademarks.
2. The response to the provisional refusal of an international trademark registration must be filed with the OAPI within three months from the date WIPO is notified of the provisional refusal by the OAPI. This time limit cannot be extended. A local patent attorney from an OAPI member state is required. Re-examination of the provisional refusal can be requested within 30 days from the date of notification of the provisional refusal by the OAPI. Appeals against confirmation of the provisional refusal can subsequently be filed within 60 days from the date of notification of the confirmation..
3. OAPI is a first-to-file jurisdiction, meaning that ownership of the mark vests in the first person to file the application.

Brief summary is based on the information provided by Nico Halle & Co. Law Firm on 05.04.2024
Please contact us if the above information is not in conformity with the OAPI IP Laws