Trademarks Law in Chad
Trademark Law in Chad
1. Legal Framework
Trademark protection in Chad is governed by:
The Bangui Agreement, Revised Act of February 24, 1999 (and further revised in 2015), which established the African Intellectual Property Organization (OAPI).
Chad is a full member of OAPI, which means that trademark rights are obtained through OAPI, not through a national system.
2. What Can Be Registered as a Trademark?
Under the Bangui Agreement (Annex III on Trademarks), the following signs can be registered:
Words, names, letters, numbers
Logos, symbols, drawings, and devices
Colors and combinations of colors
Three-dimensional shapes (e.g., product packaging)
Sound marks (in limited circumstances)
Collective marks and certification marks
These must be distinctive and capable of identifying goods or services from one enterprise over others.
3. Trademark Registration Process
Trademark registration in Chad is done regionally via OAPI, not through a national agency.
Steps:
File Application with OAPI headquarters in Yaoundé, Cameroon (or via a local agent in Chad).
Examination: OAPI conducts a formal and substantive examination.
Publication: The application is published in the OAPI Official Bulletin.
Opposition Period: Third parties have 6 months to file opposition.
Registration: If no opposition (or it's rejected), OAPI grants registration.
4. Duration and Renewal
A registered trademark is valid for 10 years from the filing date.
It can be renewed indefinitely in 10-year periods upon payment of renewal fees.
There is a grace period of 6 months for late renewal (with a penalty fee).
5. Rights Conferred
Trademark owners have the exclusive right to:
Use the trademark for the registered goods/services in all 17 OAPI member states, including Chad.
Prevent unauthorized use, imitation, or exploitation.
License or assign the trademark.
Take legal action against infringers.
6. Infringement and Enforcement
Trademark infringement includes:
Unauthorized use of identical or confusingly similar marks on related goods or services.
Imitation that causes consumer confusion.
Legal Remedies:
Injunctions
Monetary damages
Seizure or destruction of infringing goods
Criminal penalties in severe cases
Enforcement is handled through the Chadian courts under OAPI legal framework.
7. International Treaties
As a member of OAPI, Chad also benefits from international IP agreements, including:
Paris Convention
Madrid Protocol (since OAPI joined in 2015; applicants can designate OAPI for international registration)
TRIPS Agreement
Summary
| Feature | Details |
|---|---|
| Governing Law | Bangui Agreement (via OAPI) |
| Registration Authority | OAPI (not a national office) |
| Protection Term | 10 years, renewable indefinitely |
| Coverage | All OAPI member states (including Chad) |
| International Treaties | Paris Convention, TRIPS, Madrid Protocol |
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