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 nameFILING OF THE MARK (TRADEMARK, SERVICE MARK & COLLECTIVE MARK) APPLICATION IN CAMEROON
Any person wishing to obtain the registration of a mark shall file with the Organization or with the Ministry responsible for industrial property, or send it by registered mail with a request for acknowledgment of receipt:
- His application to the Director General of the Organization in a sufficient number of copies;
- A document proving payment to the Organization of the filing and publication fees;
- An unstamped, private power of attorney if the applicant is represented by an agent;
- A reproduction of the mark, including a list of the goods or services to which the mark applies, with the corresponding classes of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement); the number of reproductions of the mark to be supplied shall be laid down by the law.
SCOPE OF REGISTRATION OF THE MARK IN CAMEROON
The mark may be registered for one or more classes of goods or for one or more classes of services within the meaning of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
STATEMENT OF FILING AND TRANSMITTAL OF DOCUMENTS IN CAMEROON
A statement drawn up by the organization or by the Ministry responsible for industrial property shall note each filing and specify the date and time of submission of the documents.
A copy of the statement is issued to the applicant.
The Ministry responsible shall transmit the documents to the organization within five working days from the filing date.
CLAIM OF PRIORITY
Any person wishing to avail himself of the priority of an earlier application shall be required to attach to his application or to send to the Organization at the latest three months following the filing date of his application;
- A written declaration stating the date and number of the earlier application, the country in which it was filed and the name of the applicant;
- A certified true copy of the said earlier application;
The applicant who, in respect of a single application, seeks to avail himself of two or more rights of priority is to comply with the provisions mentioned above for each of them; he shall also pay a fee for each priority right claimed and shall produce evidence of payment of the fee within the three-month period as mentioned above.
Any priority claim that reaches the organization more than three months after the filing of the application shall be declared inadmissible. UNACCEPTABILITY DUE TO NON-PAYMENT
No filing shall be acceptable if the application is not accompanied by a document proving payment of the application fee.
CONDITIONS OF ACCEPTABILITY AND FILING DATE
The organization shall grant as the filing date of receipt of the application for registration, made on the prescribed form, by the Ministry responsible for Industrial property or by the Organization, provided that, at the time of receipt, the application contains:
- The requisite information concerning the name and address, nationality and domicile of the applicant,
- Signature; in the case of a legal entity, the identity and title of the signatory shall be specified,
- The goods and services to which the mark concerned applies,
- Information concerning payment of the application fee etc.