Trademarks Law in Mauritania
Here’s an overview of Trademark Law in Mauritania:
đŸ‡²đŸ‡· Trademark Law in Mauritania
Mauritania’s trademark system is governed primarily by its Industrial Property Law, which is part of its broader intellectual property legal framework. Mauritania is a member of several regional and international agreements that influence its trademark laws.
Legal Framework
National Laws: Mauritania has its own national laws on trademarks as part of its industrial property legislation.
Regional System: Mauritania is a member of the African Intellectual Property Organization (OAPI), headquartered in Yaoundé, Cameroon.
OAPI provides a centralized trademark registration system that covers all member states, including Mauritania.
Trademark registration through OAPI grants protection in all member states simultaneously.
International Treaties: Mauritania is a party to:
The Paris Convention for the Protection of Industrial Property
The Madrid Protocol (for international registration)
The TRIPS Agreement (under the WTO framework)
Key Features of Trademark Law in Mauritania
1. Trademark Definition
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.
This can include words, logos, shapes, colors, sounds, etc.
2. Trademark Registration
Trademark registration is conducted centrally through the OAPI system.
Applications are filed at the OAPI office in Yaoundé or through national industrial property offices acting as receiving offices.
The application must specify the classes of goods or services according to the Nice Classification.
Registration is granted if the mark meets all the legal requirements, including distinctiveness.
3. Term and Renewal
A trademark registration lasts for 10 years from the date of filing.
It can be renewed indefinitely for further 10-year periods.
4. Rights Conferred
Exclusive rights to use the trademark in all OAPI member states, including Mauritania.
Right to prevent unauthorized use or infringement.
Right to license, assign, or transfer the trademark.
5. Grounds for Refusal
Non-distinctiveness or descriptiveness.
Marks that are misleading, contrary to public order, or deceptive.
Conflicts with earlier marks.
6. Infringement and Enforcement
Trademark infringement can be addressed through civil, administrative, and criminal procedures under OAPI regulations.
Remedies include injunctions, damages, seizure, and destruction of counterfeit goods.
Practical Notes
Because Mauritania is part of OAPI, registering a trademark through OAPI is the most efficient way to secure protection there.
Local trademark registration under Mauritanian national law alone is rare since the regional OAPI system supersedes it.
Enforcement can be coordinated across OAPI states, which helps in cross-border trademark protection.
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