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The African Intellectual Property Organisation (OAPI) has embarked on a comprehensive transformation of its trademark processes, taking significant strides to align with global best practices and streamline services for applicants. The reforms, inspired by the 2022 amendment to the Bangui Agreement, aim to simplify and modernise the trademark registration process for OAPI’s 17 member states, paving the way for greater efficiency, transparency and accessibility.
OAPI’s highly anticipated e-filing system, enabling online submissions for various trademark services, has recently been launched
OAPI has also introduced a shorter opposition period, reducing it from six to three months
There is now greater flexibility in the application process, with application division being allowed in case of objection
The African Intellectual Property Organisation (OAPI) has embarked on a comprehensive transformation of its trademark processes, taking significant strides to align with global best practices and streamline services for applicants. The reforms, inspired by the 2022 amendment to the Bangui Agreement, aim to simplify and modernise the trademark registration process for OAPI’s 17 member states, paving the way for greater efficiency, transparency and accessibility.
e-filing system launch
On 3 June 2024 OAPI took a major step toward digital transformation by launching its highly anticipated electronic filing (e-filing) system. This platform enables online submissions for various trademark services, including trademark searches, applications, renewals, recordals and oppositions, further streamlining administrative tasks. However, it is noteworthy that patent matters are not included in this initial phase of the system.
As part of the OAPI registry’s efforts to facilitate this transition, the registrar has scheduled several virtual training sessions to ensure that all accredited agents are well prepared to navigate the new system and understand the updated processes. Although agents can now submit applications electronically through the e-filing platform, physical submission of hard copies, including printouts of digital supporting documents, remains necessary to complete final filing formalities at the registry. It is noteworthy that, at present, only trademark applications can be processed online, while renewals and recordals continue to be handled manually until the registry finalises the transition.
The rollout of the e-filing system is expected to significantly improve the efficiency of the OAPI registry, particularly in the handling and processing of trademark registrations. This advancement marks a significant step toward a more modern and accessible IP management framework for OAPI member states.
Key procedural changes for trademarks
Among the procedural updates, OAPI has introduced a shorter opposition period, reducing it from six to three months. This change aims to speed up the trademark dispute resolution process, allowing applicants to receive final decisions more quickly. Additionally, OAPI has implemented a dual publication system, which includes an initial publication for opposition and a second publication post-registration. This dual system helps streamline processing by allowing applicants to receive registration certificates before the final publication, a change that ensures greater efficiency in moving trademarks through the system. With publications now occurring twice a month, the overall registration timeline has become more predictable and manageable.
Another significant improvement involves OAPI’s adoption of substantive examination for trademark applications, starting in July 2023. This development aligns OAPI’s practices with international standards, as substantive examinations allow for rigorous quality checks before trademarks are approved. By thoroughly vetting applications, OAPI can ensure that only distinctive and unique trademarks receive protection, offering trademark holders greater assurance of the robustness of their IP rights.
Enhanced flexibility for applicants and expanded trademark categories
OAPI has also introduced greater flexibility in the application process, allowing for application division in case of objection. This means that, if an applicant faces an objection, they can split their application while maintaining the original filing date, which is a crucial advantage in securing priority rights. Additionally, OAPI now permits a single application to cover both goods and services, eliminating the need for multiple applications and making the process more efficient for applicants.
Another forward-thinking update is the expansion of trademark categories to include non-traditional marks, such as sound marks. This change reflects OAPI’s responsiveness to evolving business needs and provides applicants with more options to protect unique brand identifiers.
Impact and future developments
OAPI’s recent reforms demonstrate a strong commitment to modernising its trademark services and aligning with international IP standards. With the introduction of an e-filing system and various procedural updates, OAPI aims to offer faster processing, greater transparency and expanded trademark protection. These enhancements promise a more accessible and efficient IP system for trademark owners across member states. OAPI’s dedication to fully digitalising submissions reflects its goal to create a competitive and reliable IP environment, setting a new standard in IP management across Africa.
OAPI: substantial changes to trademark practices and new e-filing system - World Trademark Review
"This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com."
