Trademark application Togo

Trademark registration Togo

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Togo?

The costs of trademark registration in Togo 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 Togo?

In Togo, trademark protection cannot be granted on the basis of its use. Only going through a legal procedure can give you the exclusive rights to a trademark. If you want to register a trademark in Togo, you should contact the OAPI, the Organization Africaine de la Proprieté Intellectuelle, for such registration. In principle, you can apply for trademark protection for all seventeen member states that are part of this organisation: Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. Registration in multiple classes is possible via the OAPI.


What is OAPI?

OAPI covers most African Francophone countries and was established with the Bangui Agreement on March 2, 1977. The organization aims to promote cooperation between member states and the sharing of common objectives in the field of intellectual property. The most distinguishing feature and advantage of the OAPI is that a single trademark registration is automatically in effect in all member states, without the possibility to designate only a few countries. Member States do not have national intellectual property laws. The OAPI is a member state of the Madrid Protocol. Extension of international registration is therefore possible within this territory.


Registering your brand name in Togo via the OAP

If you want to register your brand name in Togo, it is advisable to first perform a thorough trademark search before submitting the actual application. Although this step is not mandatory, it does increase the chance that your application will be accepted by the organization. Then you submit your application. The OAPI conducts a formal review, a trademark distinctiveness review and a trademark search. If your trademark is determined as insufficiently distinctive, you can be compensated for this if it has acquired it through its active use.

If you successfully complete the test described above, you are one step away from registration. Every brand you want to register in Togo will be published in the official trade gazette. This is to inform third parties of your intention and to give them the opportunity to object, for example because they believe that this infringes the rights they have acquired. The opposition period has a duration of six months and starts from the date of publication.


What can you register as a brand in Togo?

If you are going to register a brand name in Togo, then this concerns a goods mark or a service mark. In Togo, words, logos, slogans, mottos, names, letters, numbers, symbols, emblems, shapes, designs, parts of packaging, color combinations, animations, figurative elements or combinations thereof, as well as sounds, may be used as a trademark. Examples of figurative elements are, for example, ornaments, images and geometric figures. Usually a trademark that one wants to register in Togo is a 2D trademark. However, 3D trademarks are also allowed.


Registering a trademark in Togo consisting of various elements

When your brand consists of several types of elements, we speak of a combined brand. In that case, successful trademark registration leads to protection of the trademark, in exactly the same composition as supplied to the OAPI. If you also want to be able to use the individual elements separately, it is advisable to start a separate procedure for this.

If you do not do this, a third party can use this element for its own commercial purposes. In that case, there can be no question of infringement. In some cases you can do something about this. Does this company or person provide the same products or services, or things that are very similar to what you offer the consumer? In that case, you submit an objection based on a confusing similarity for the consumer. The success of such an objection is variable.


What do you need to start an application procedure?

If you want to apply for trademark protection in Togo, you need to submit a few essential items to the OAPI. If this list is incomplete, your application cannot be processed. It concerns the following information:

  • graphic image of the trademark (not necessary for a single word mark)
  • a list of goods and services
  • if applicable: priority document
  • name, nationality and address of the applicant
  • within 30 days: signed power of attorney in English or French, legalization is not necessary

What is the regulation after registration?

Have you successfully registered your trademark in Togo? Then you enjoy ten years of trademark protection in all OAPI countries. It is possible to extend this indefinitely, each time for another ten years. There is a grace period of six months after each protection term. Although you do not need to have a trademark in use prior to registration, third parties may object after five years of non-use from the date of registration. This can lead to the cancellation of trademark protection. Use may take place in any of the seventeen OAPI member states.

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Trademark registration Togo