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.
RIGHT TO THE COLLECTIVE MARK IN CAMEROON
In the general interest and in order to facilitate the development of commerce, industry, crafts and agriculture, the state, public companies, unions or groups of unions and associations or groups of producers, manufacturers, craftsmen and tradesmen may, provided that they are officially recognized and have legal status, own collective marks for goods or services.
USE OF THE COLLECTIVE MARK IN CAMEROON
Collective marks shall be affixed either directly by the groups as mentioned above as a means of control, or by members of the said groups on the goods or objects traded by them; whatever the circumstances, this shall be done under the supervision of the group concerned and in accordance with the provisions of the texts governing the collective marks in question.
REGISTRATION OF A COLLECTIVE MARK IN CAMEROON
The filing application for registration of a collective mark shall include the approved rules for its use. If those rules are contrary to the provisions of Article 3 of the law or if the prescribed fees have not been paid, the application shall be rejected.
DEFENSE OF THE COLLECTIVE MARK IN CAMEROOON
Any member of the group owning the collective mark may institute the civil and criminal proceedings provided for in the law, on condition that he proves the failure of the said group to act and calls upon it to act.
TRANSFER, INVALIDITY AND FORFEITURE OF THE COLLECTIVE MARK IN CAMEROON
Collective marks shall not be either assigned or transferred.
In the event of a legal merger, the Minister responsible for industrial property may authorize its transfer to the new group created by the merger.
The court may declare a collective mark invalid if:
- The owner of the mark has ceased to exist;
- The rules governing its use are contrary to public policy or morality;
- The mark does not fulfil the conditions set forth in the provisions for collective marks; etc.
Where the collective mark has been declared invalid or forfeit, it may no be appropriated for the same goods or services by virtue of a new registration or used for any purpose at all. However, on the expiration of a period of ten years from the date of the final decision declaring the mark invalid or forfeit, the said mark may be registered as such by a group in conformity with Article 32 of the law provided that the later has same nationality as the previous owner.