3 ASPECTS OF TRADE MARKS, SERVICE MARKS AND COLLECTIVE MARKS IN CAMEROON
A trademark in Cameroon identifies the source of a product, while a service mark in Cameroon identifies the source of a service.
Trademark: A mark used for goods or products. For example, a company might register the name and logo of a specific product.
Collective trademark/service mark: Used by members of a collective to indicate that their products or services originate from the organization and meet its standards.
Service mark: A mark used for services. A restaurant would use a service mark for its name
3 Aspects of Trademarks, Service Marks and Collective Marks in Cameroon
- Optional Character of the Mark
According to the Bangui Agreement Trademarks or service marks shall be optional. However, member states may exceptionally declare them compulsory for the goods and services that they shall specify.
- Signs Recognized as Marks
Any visible sign used or intended to be used and capable of distinguishing the goods and services of any enterprise shall be considered a trademark or service mark, including in particular surnames by themselves or in a distinctive form, special, arbitrary or fanciful designations, the characteristic form of a product or its packaging, labels, wrappers, emblems, prints, stamps, seals, vignettes, borders, combinations or arrangements of colors, drawings, reliefs, letters, numbers, devices and pseudonyms.
The trademark or service marks shall be considered collective marks where the conditions for their use are laid down in rules approved by the competent authority and where they may be used only by enterprises of public character, unions or groups of unions, associations, groups of producers, manufacturers, craftsmen or tradesmen, provided that the latter are officially recognized and have legal personality.
- Marks Not Eligible for Registration
A mark may not be validly registered if
- It is devoid of distinctiveness, notably owing to the fact that it consists of signs or matter constituting the necessary or genetic designation of the product or the composition thereof;
- It is identical to a mark that belongs to another owner and is already registered, or the filing or priority date of which is earlier, and which relates to the same or similar goods or services, or where it so resembles such a mark that it is liable to mislead or confuse;
- It is contrary to public policy, morality or the law;
- It is liable to mislead the public or business circles, notably as to the geographical origin, nature or characteristics of the goods or services in question etc.