The African Intellectual Property Organization (OAPI) has recently implemented substantial changes to its trademark practices, aimed at improving efficiency and accessibility. These changes, including the introduction of a new e-filing system, stem from the 2022 amendment to the Bangui Agreement and reflect OAPI’s commitment to modernizing its operations.
Streamlined Processes
One of the most notable updates is the reduction of the opposition period to three months, expediting the resolution of disputes. Additionally, OAPI has transitioned to a dual publication system. The first publication is for opposition purposes, followed by a second publication upon registration. Notably, the registration certificate is now issued before the second publication, and these publications occur twice monthly, enhancing the overall speed and efficiency of the process.
In a move to align more closely with global standards, OAPI has started substantive examination of trademark applications as of July 2023. This change aims to improve the quality and scrutiny of trademarks registered under OAPI’s jurisdiction.
Flexibility in Applications and Expanded Trademark Types
OAPI now allows the division of trademark applications in the event of an objection, retaining the initial filing date and providing greater flexibility in managing applications. Additionally, the organization has simplified the filing process by enabling the inclusion of both goods and services in the same application, eliminating the previous requirement for separate filings.
A significant advancement is the acceptance of sound marks and other non-traditional trademarks, broadening the scope of protectable intellectual property. This change reflects OAPI’s adaptation to evolving trademark practices and the needs of modern businesses.
Enhanced Access and Ownership Protections
The launch of a new publicly accessible online register marks a significant step towards greater transparency and accessibility. This register offers free access to all users, facilitating easier searches and access to trademark information.
OAPI has also introduced a mechanism for reclaiming ownership of trademarks. If a trademark owner misses the opposition deadline, they can go to court, demonstrate prior use, and effectively reclaim ownership. This option provides a vital safety net for trademark owners and ensures that genuine prior users can protect their rights.
New E-Filing System
On June 3, 2024, OAPI launched an electronic filing system for trademark applications, allowing for online submissions of trademark searches, filings, renewals, recordals, and oppositions. While digital submissions are now possible, physical copies of supporting documents are still required to complete the process. This e-filing system aims to streamline trademark services, improve efficiency, and enhance accessibility for users within OAPI member states. Future updates will include electronic company name registrations and objections, although patents are not covered in this phase.
Improved Processing Times and Examination Capacity
The overall timeframe from filing to registration has been reduced to approximately 6-7 months, accelerating the trademark registration process. Additionally, opposition proceedings are expected to conclude within one year, ensuring timely resolutions.
These comprehensive updates demonstrate OAPI’s commitment to modernizing its trademark practices, aligning with international standards, and providing better service to trademark applicants and owners across its member states.
For further insights and personalized guidance, reach out to Saba IP at news@sabaip.com