Trademark application Burkina Faso

Trademark registration Burkina Faso

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What are the costs of a trademark registration in Burkina Faso?

The costs of trademark registration in Burkina Faso depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Burkina Faso?

Registering a trademark in Burkina Faso is done via the OAPI. This organization regulates everything related to intellectual property in seventeen – mostly French-speaking – African countries. Burkina Faso is one of the member countries. The Organization Africaine de la Propiété Intellectuele (OAPI) is the same as the EUIPO for EU countries. Registration with the OAPI is necessary to obtain trademark recognition and protection in Burkina Faso.


Is my trademark valid in multiple countries?

The OAPI is part of the Madrid protocol, which means that international trademark registration via the Madrid system is possible. The most distinguishing feature of the OAPI is that a registration is also valid in the other member states of the organization. So a trademark registration in Burkina Faso is also immediately valid in countries such as Cameroon, Ivory Coast and Benin. The OAPI countries do not have national intellectual property offices. Registration in the seventeen member countries is only possible via the OAPI.


Important for services and products

Does your brand offer both services and products? Then the trademark registration in Burkina Faso must be done separately from each other. So one request for the services and one for the products. You cannot register both in one application. It is also possible to register a color as a characteristic of your brand name. This does mean extra costs.


How long does a trademark application take in Burkina Faso?

The application for a trademark in Burkina Faso takes several months. Provided there are no bumps in the road, such as objections from third parties, the registration process takes between ten and fourteen months. After receiving the application, the OAPI only checks formal aspects. Unlike other African countries, there is no substantive testing.


What happens to inactive brands?

The trademark registration in Burkina Faso is then in principle valid for ten years. A trademark may not remain unused for more than five years after registration. In that case you run the risk that your trademark will be removed from the register. The validity can be extended for periods of ten years. Renewal is also possible in the grace period of six months after the expiration date. Due to missing the deadline, this is done against payment.


What information is required for a trademark application?

When you make the application, you have to provide various information to the OAPI. You must submit, among other things:

  • The brand name and/or associated visual material
  • Full personal information as trademark owner
  • Description of products and/or services
  • Class(es) number(s) in which the trademark is to be registered
  • Priority document with certified French or English translation

Which classes do my products and/or services need?

You can use the Nice classification system to determine the class(es). The Nice Classification (NCL) is the standard classification system widely used worldwide. The system works with 45 different classes. Classes 1 to 34 are for products and 35 to 45 for services. You can determine the class for yourself by going through the official list of the NCL. Important: An OAPI registration can contain up to three different classes.


Word and figurative mark in Burkina Faso

Registering a brand name in Burkina Faso can be done in several ways. It is possible to register a word or figurative mark. A mix of both is also an option. This is called a combined trademark. For clarity, a word mark is a trademark containing only alphanumeric (letters or numbers) elements. This does not take into account special fonts or a stylized representation of letters or numbers. A logo consists of an image, logo or something else graphic.


Exclusive Right Combined Trademark

The combined trademark in Burkina Faso gives you the exclusive right to use the brand. However, it is limited to the exact registration. So it is not possible to use a word element of the brand separately from the logo. Vice versa is exactly the same. If this is the case for your brand, an additional registration with the individual elements is recommended. Otherwise, this part is not exclusive and unprotected.


How can you file an Objection?

One of the advantages of registering a brand name is therefore exclusivity and protection. Third parties who want to register identical or similar trademarks can be barred by you. Once your trademark is registered in Burkina Faso, you have the right to object to a third party application based on confusing similarity. With your own application, keep in mind that this can also happen the other way around. Objection can be lodged within six months after the application is published in the state newspaper.


The R Symbol

In addition, trademark registration in Burkina Faso provides other advantages. For example, a registered trademark has the right to use r symbol. This shows that your trademark is legally registered. It is also illegal to use the r symbol when a trademark is not registered.

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Trademark registration Burkina Faso