Trademark application Comoros

Trademark registration Comoros

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What are the costs of a trademark registration in Comoros?

The costs of trademark registration in Comoros 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 Comoros?

Trademark registration in the Comoros is done through the OAPI. This umbrella body regulates everything to do with intellectual property and trademark registration in seventeen different African countries. Most OAPI member states are French-speaking, including the Comoros as a former colony of France. Countries such as Ivory Coast, Cameroon and Benin also have membership of the Organization Africaine de la Propiété (OAPI).


Is the registration valid in multiple countries?

A major advantage of trademark registration in the Comoros is that it is also immediately valid for the other sixteen OAPI countries. After a trademark registration on the island group, it is immediately registered in Ivory Coast, Cameroon, Benin and all those other Member States. The OAPI is also part of the Madrid Protocol. This protocol makes it possible to arrange an international trademark registration. In concrete terms, this means that only one application is required for trademark registration in more than a hundred countries.


Internationally recognized r symbol

Trademark registration in the Comoros has several advantages. It delivers exclusivity and protection. Exclusivity is indicated by the r symbol. This internationally recognized symbol shows that you have the exclusive right to the trademark in question. As a registered trademark it is allowed to use the r symbol. On the contrary, this is prohibited for unregistered symbols.


Third-party protection

In addition, as a registered trademark in the Comoros, you are protected against third-party registrations. Third parties cannot simply register if there are (partial) agreements with your trademark. In such a situation, you can appeal the application on the basis of confusing similarity. This is also the case if a third party wants to use the trademark for comparable goods and/or services.


What are the three types of trademark registration?

A trademark registration in the Comoros is possible in three different ways. The choice consists of the word mark, the figurative mark or a combination of these two categories. The word mark is only formed by alphanumeric (letters or numbers) characters. There is no distinction here between different fonts or stylized characters. The logo has no alphanumeric characters and only contains an image, emblem or something else graphic.


Combined trademark combines word and image

The combined trademark is therefore a combination of the word and figurative mark. The combined logo consists of words and graphic elements. Keep in mind that you may only use the combined trademark in the Comoros according to its exact registration. It means that you are not allowed to show the word and image elements separately from each other. If you do want this option, separate registration is recommended.


How long does the application process take?

The application process for trademark registration in Comoros takes several months. In any case, take into account ten to fourteen months. The process slows down as soon as third parties object or the application initially appears to be insufficient. The OAPI assesses trademark applications in the Comoros mainly formally and less substantively. For example, a substantive assessment looks at identical or comparable existing trademarks.


Delay when appeal occurs

After publication of the application in the state newspaper, third parties have six months to appeal. If someone resists, the process is delayed for months. After an objection, you as an applicant have three months to respond. Then comes a hearing and the verdict is only four to six months later. It is also possible to appeal against the decision.


How long is my trademark valid?

You can use an approved trademark for ten years from the date of application. This may partly happen unused. But if a trademark remains unused for five years, third parties may cancel the registration on the basis of non-use. The trademark in the Comoros is renewable for periods of ten years. It is also possible to renew the trademark after the expiry date. The OAPI has a grace period of six months.


What information is required for a trademark application in Comoros?

The OAPI accepts trademark applications for both products and services. When applying, the OAPI wants to receive various information. Consider the following:

  • Complete name and address details
  • Example of your trademark
  • List of class(es) based on the Nice system
  • Certified copy of priority document, including certified French or English translation
  • Signed by power of attorney

Do you have to file a separate trademark application for products and services?

Do you want to apply for a trademark for products and services? Then do these separately. A request containing both is not possible. You can register the trademark with several classes. The same prices apply up to and including three classes, after that there is a surcharge for each additional class. Even if your brand claims a color, additional costs will be paid.


Nice classification system

For selecting the classes of your products and/or services, the Nice Classification System (NCL) is the appropriate tool. This system is the international standard. The NCL is divided into 45 different classes. Products are placed in classes 1 to 34, classes 35 to 45 are for services. The official NCL documentation will help you determine the classes.

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