Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoro Islands, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.

Nice classification, 11th Edition of 2022

(1) Any visible or audible sign used or intended to be used and capable of distinguishing the goods or services of any natural or legal person shall be considered a trademark or service mark.
The following in particular may constitute such a sign:
(a) denominations in all forms such as words, combinations of words, surnames in and of themselves or in a distinctive form, special, arbitrary or fanciful designations, letters, abbreviations and numerals;
(b) figurative signs such as drawings, labels, seals, selvedges, reliefs, holograms, logos, synthesized images; shapes, especially those of the product or its packaging or those characteristic of the service, and arrangements, combinations and shades of colors;
(c) audible signs such as sounds and musical phrases;
(d) audiovisual signs; and
(e) series of signs.

The following trademark types are registrable: trademarks, service marks and collective marks.

The application is filed at the Registry in Yaoundé (Cameroon). It can also be filed at the Liaison offices located in all member states, which transmits the application to the Registry in Yaoundé for examination. The National Liaison Offices do not examine applications or issue certificates.

Multiple-class applications are possible. Under the new administrative Instructions which also came into force on January 01, 2022, it is possible to filed goods and service classes under one application. The base fee covers one class, and each additional class is subject to a surcharge.

Foreign applicants need a local agent.

A simply signed Power of Attorney is required – notarization or legalization is not necessary. The power of attorney must be signed, dated, with the name and title of the signatory inserted.
For each trademark a new power of attorney is necessary. For many trademarks filed on behalf of the same applicant on the same day, a single power of attorney is sufficient.

OAPI carries out both a formal and substantive examination of the application.
(1) For every application for registration of a mark, the Organization shall examine whether the formal conditions, referred to in Article 9 of this Annex, have been met and whether the requisite fees have been paid.
(2) Any filing that does not meet the requirements of Article 3(a), (c), (d) and (e) shall be rejected.

According to Article 3, a mark may not be validly registered if:
(a) it is not distinctive, in particular because it is composed of signs or matter constituting the necessary or genetic designation of the product or its composition;
(c) it is contrary to public policy, morality or the law;
(d) it is liable to mislead the public or business circles, in particular as to the geographical origin, nature or characteristics of the goods or services in question;
(e) it reproduces, imitates or incorporates armorial bearings, flags or other emblems, the abbreviated name or acronym or an official sign or hallmark indicating control and warranty of a State or intergovernmental organization established by an international convention, save where the competent authority of that State or organization has granted its permission.

The processing time from first filing to registration or first office action is approx. 06 to 09 months.
The publication takes place in two steps: The first is the publication of the trademark application for opposition purposes; the second is the publication of the registration, both in the Official Trademark Gazette.

Division of the applications have been introduced on January 01, 2022:
(1) Any initial application concerning several goods or services may be divided by the applicant or at his request into several applications, called divisional applications:
(a) at least until the decision on the registration of the mark;
(b) during any proceedings for opposition or claim of ownership of the mark; or
(c) during any appellate process concerning the decision on the opposition or the claim of ownership.
(2) The division of the initial application may only concern the list of products and services
covered by the application.
(3) Divisional applications shall retain the filing date of the initial application and, where applicable, the benefit of the right of priority.

National:
The opposition period is 3 months from the publication of the application of the trademark in the Official Gazette.

An appeal against an opposition decision can be filed by the interested party at the High Commission of Appeal within 60 days from the notification of the ruling to the parties.
The High Commission of Appeal is a body responsible for ruling on appeals in review for the decisions issued by the Director General.

Opposition against designation of International Registrations
It is possible to oppose an International Registration – the process is the same as a regional opposition.
The opposition period is 3 months from the publication of the application in the Official Gazette.

An appeal against an opposition decision can be filed by the interested party at the High Commission of Appeal within 60 days from the notification of the ruling to the parties.
The High Commission of Appeal is a body responsible for ruling on appeals in review for the decisions issued by the Director General.

A trademark registration is valid for 10 years from date of application and can be preserved indefinitely through successive renewals every 10 years.

Practical details on grace periods for trademark renewals are available in our publication here

The official fee for filing a trademark application in one class is XAF 360,000, and XAF 75,000 for each additional class. Where priority is claimed, the official fee of XAF 75,000 is applicable per priority. For collective, certification and co-owned trademarks, the surcharge of XAF 130,000 is applicable for the filing the conditions of use of the collective trademark.