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.
REGISTRATION OF THE MARK (TRADEMARK & SERVICE MARK) IN CAMEROON
For every application for registration of a mark, the organization examines whether the conditions of form referred to in Article 8 of the law have been met, and whether the prescribed fees have been paid.
Any filing done not in conformity with the provision of Article 3 (c) and (e) will be rejected.
Any irregularity shall be notified to the applicant or to his agent, who shall be invited to put the documents in order within a period of three months following the date of notification. This period may be extended to 30 days in a case of proven necessity at the request of the applicant or his agent. An application thus put in order within the said period shall retain the date of the original application.
Where rectified documents are not produced within the period allowed, the application for registration of the mark shall be rejected.
The legal date of the registration shall be that of the application.
APPEAL AGAINST REJECTION OF THE APPLICATION FOR A TRADEMARK AND SERVICE MARK REGISTRATION IN CAMEROON
If an application is rejected by the organization, the applicant has sixty days in which to appeal against the decision. In this case, the said commission shall be the judge and arbiter of final instance of the application in question.
ISSUE OF THE CERTIFICATE OF REGISTRATION
When registration has taken place, a certificate shall be issued to the owner of the registration setting out the following information which shall be recorded in the Register:
- The serial number of the mark;
- The filing date of the application for registration, the date of registration and the priority date if priority is claimed;
- The trade name or surname and forename of the owner of the mark, together with his address etc.
OPPOSITION OF A TRADEMARK AND SERVICE MARK REGISTRATION IN CAMEROON
Any interested party may oppose the registration of a mark by sending to the organization, within a period of six months from the publication mentioned in Article 17 of the law, a written statement setting out the reasons for his opposition, which reasons must be based on an infringement either of the provisions of Article 2 or 3 of the law or of a prior registered right belonging to the opposing party.
DURATION OF RIGHTS ON A TRADEMARK AND SERVICE MARK REGISTRATION IN CAMEROON
The registration shall be valid for ten years from the filing date of the application for registration; however, successive renewals of the registration may lead to the indefinite preservation of the mark.
RENEWAL OF THE REGISTRATION OF THE TRADEMARK AND SERVICE MARK REGISTRATION IN CAMEROON
The owner of a mark may only effect the renewal if he has paid the amount of fees prescribed by law.
No changes may be made either to the mark or to the list of goods or services for which the said mark was registered, subject to the right of the registered owner to limit the list.
A mark which registration has not been renewed may not be registered for the benefit of a third party in respect of identical or similar goods or services until three years have elapsed since the term of the registration or renewal expired.