International Trademark Agreement

24 septembre 2021 - 5 minutes read

OAPI (African Intellectual Property Organization) was created by members of some French-speaking African nations. The organization allows applicants to file a single application for trademark protection in certain countries party to the Bangui Agreement, which created OAPI. The Contracting Parties are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Republic of Congo, Côte d`Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. The right of priority provided for in the Paris Convention provides that, on the basis of an application filed in one of the countries of the Paris Union, the applicant may apply for protection in each of the other countries of the Union within six months of that application. Such subsequent applications shall be deemed to have been filed on the same day as the first application; In other words, they have priority over applications for the same mark filed by others during that six-month period. An application for international registration (international application) may be filed only by a natural or legal person linked to a party to the Agreement or Protocol by his establishment, domicile or nationality. A trade mark may be the subject of an international application only if it is already registered with the Trademark Office of the Contracting Party with which the applicant has the necessary links (hereinafter referred to as the Office of Origin). However, if all appointments are made in the minutes (see below), the international application can only be based on an application for registration filed with the Office of Origins. An international application must be submitted to the International Bureau of WIPO through the originator. The manual is published to provide USPTO trademark attorneys, trademark advertisers, and attorneys and representatives of trademark advertisers with a follow-up book on practices and procedures related to tracking trademark applications in the USPTO. The manual contains guidelines for examining lawyers and documents in the type of information and interpretations and describes the procedures that examination firms must or can follow when examining trademark applications. Once it has received an international application, the International Bureau shall monitor compliance with the requirements of the Protocol and its Regulations.

This examination is limited to formalities, including the classification and legibility of the supply of goods and/or services. In the absence of irregularities in the application, the International Bureau shall enter the mark in the International Register, publish the international registration in the Official Journal of WIPO for International Marks (hereinafter referred to as « the Official Journal ») and notify it to each designated party. Any substantive question, for example. B if the mark is protected or in contradiction with a trade mark previously registered in a given Contracting Party, shall be determined by the trade mark office of that Contracting Party in accordance with the applicable national provisions. The Official Journal is available in electronic form (e-Gazette) on the website of the Madrid system. The Madrid system offers several advantages to brand owners. Instead of filing a separate national application in each country of interest in several languages, in accordance with different national or regional rules and rules of procedure, and paying several different (and often higher) fees, an international registration can be obtained by simply filing an application with the International Bureau (through the Office of the country of origin). in one language (English, French or Spanish) and for a certain fee. The filing of an international application is subject to the payment of a basic fee (which, in accordance with the list drawn up by the United Nations, is reduced to 10% of the amount prescribed for international applications of applicants whose country of origin is an LDC, to 10% of the prescribed amount), to an additional fee for each category of goods and/or services; which exceed the first three classes. and an additional fee for each designated party. .

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