Trademarks Law in Comoros
Here is a comprehensive overview of Trademark Law in Comoros:
Trademark Law in Comoros
Trademark protection in Comoros is governed by Law No. 64-1360 of December 31, 1964, which came into force on August 1, 1965. This law outlines the rights and procedures related to trademarks and service marks in the country .
Key Features of Trademark Law in Comoros
1. Definition of a Trademark
According to Law No. 64-1360, trademarks include:
Names, pseudonyms, geographical names
Arbitrary or fanciful denominations
Distinctive shapes of products or their packaging
Labels, wrappers, emblems, stamps, seals, vignettes
Combinations of colors, designs, reliefs, letters, numbers, slogans
These signs serve to distinguish the products or services of one enterprise from those of others .
2. Registration System
First-to-file system: Trademark rights are acquired through registration.
Registration authority: The Comorian Intellectual Property Office (OCPI), under the Ministry of the Economy, Planning, Energy, Industry, Handicrafts, Tourism, Investments, Private Sector, and Land Affairs .
Application requirements:
Power of attorney (simply signed)
10 prints of the mark
Certified copy of priority document (if applicable)
List of goods/services according to the Nice Classification .
3. Examination and Publication
Examination: The OCPI conducts a formal examination to assess compliance with legal standards.
Publication: Accepted trademarks are published in the Official Gazette.
Opposition period: Third parties may oppose the registration within 6 months from the publication date .
4. Duration and Renewal
Initial protection: 10 years from the filing date.
Renewal: Renewable indefinitely for successive 10-year periods.
Non-use: A trademark may be subject to cancellation if not used for 5 consecutive years .
5. Rights Conferred
The registered trademark owner has the exclusive right to:
Use the trademark concerning the registered goods/services.
Prevent unauthorized use or imitation by third parties.
Assign or license the trademark.
6. Enforcement
Civil actions: Injunctions, damages, and delivery up of infringing goods.
Criminal sanctions: Applicable for intentional counterfeiting or commercial-scale violations.
Customs action: Seizure of counterfeit goods at borders.
7. International Treaties and Agreements
Paris Convention: For the protection of industrial property.
Madrid Protocol: Facilitates international trademark registration.
OAPI: Comoros is a member of the African Intellectual Property Organization (OAPI), which allows for a single application to cover all member states .
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 64-1360 of December 31, 1964 |
| Registration Authority | Comorian Intellectual Property Office (OCPI) |
| Duration | 10 years from filing, renewable every 10 years |
| Opposition Period | 6 months from publication |
| Non-use Cancellation | 5 consecutive years of non-use |
| International Treaties | Paris Convention, Madrid Protocol, OAPI |
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