Trademarks Law in Benin
Trademark Law in Benin
1. Legal Framework
Trademark protection in Benin is primarily governed by the:
Bangui Agreement on the Creation of the African Intellectual Property Organization (OAPI), 1999 (revised 2019)
Benin is a member of OAPI (Organisation Africaine de la Propriété Intellectuelle), which provides a unified trademark system covering all member states.
2. What Can Be Registered as a Trademark?
Under OAPI rules, a trademark can consist of:
Words, names, letters, numerals
Logos, symbols, drawings, shapes, colors, or combinations thereof
Three-dimensional marks (shapes of products or packaging)
Sound marks (in certain cases)
Collective marks and certification marks
The mark must be capable of distinguishing the goods or services of one enterprise from those of others.
3. Registration Process
Applications are filed directly with OAPI, headquartered in Yaoundé, Cameroon.
The application must specify:
The trademark representation
The applicant's details
The list of goods and/or services according to the Nice Classification
OAPI performs a formal and substantive examination to ensure compliance with registration requirements.
The application is published in the OAPI Official Bulletin for opposition purposes.
If no opposition is filed or opposition is rejected, the trademark is registered.
4. Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
It is renewable indefinitely for successive 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark in the territory of all OAPI member states, including Benin.
Right to prevent unauthorized use or imitation on identical or similar goods/services.
Right to license or assign the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Remedies include injunctions, damages, and destruction of infringing goods.
Enforcement is carried out through national courts within OAPI member states.
Criminal sanctions may also apply for willful infringement.
7. International Treaties
OAPI member states, including Benin, are parties to:
Paris Convention
Madrid Protocol (OAPI joined in 2014, allowing international registration designating OAPI)
TRIPS Agreement
Summary
| Feature | Details |
|---|---|
| Governing Law | Bangui Agreement (OAPI Protocol) |
| Trademark Office | OAPI (regional office) |
| Duration | 10 years, renewable indefinitely |
| Territory Covered | All OAPI member states (including Benin) |
| International Treaties | Paris Convention, Madrid Protocol, TRIPS |
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