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.
TRANSFER OF RIGHTS ON A TRADEMARK AND SERVICE MARK IN CAMEROON
The rights subsisting in an application for a mark shall be transferable in whole or in part.
Acts involving transfer of ownership, the licensing of the right of exploitation of the assignment of that right, or a pledge or cancellation of a pledge, in respect of an application for a mark shall, on pain of invalidity, be evidenced in writing.
The transfer of ownership or the licensing of the right of exploitation may relate to all or some of the goods or services to which the mark applies. Only the licensing of the right of exploitation may have its validity limited to the national territory of one of the member states.
ENFORCEABILITY AGAINST THIRD PARTIES ON A TRADEMARK AND SERVICE MARK IN CAMEROON
Rights shall be enforceable against third parties unless they are recorded in the Special Register of Marks kept by the organization.
RECORDING OF THE JUDICIAL DECISION ON INVALIDITY ON A TRADEMARK AND SERVICE MARK IN CAMEROON
Any final decision declaring the effects of the filing of a mark invalid on the national territory of one of the member states shall be entered in the Special Register of Marks on notification by the judicial body concerned, and a mention thereof shall be published by the organization.
LICENSE CONTRACT ON A TRADEMARK AND SERVICE MARK IN CAMEROON
The owner of a mark may, by contract, grant to a person, whether natural or legal entity, a license enabling him to use the said mark for all or some of the goods or services in respect of which the mark is registered.
The duration of the license may not be longer than that of the registration of the mark.
The license contract has to be drawn up in writing and signed by the parties.
The license contract shall be entered in the Special Register of Marks. It shall not be binding on third parties until it is entered in the said Register and published in the form specified by law.
The license shall be cancelled from the Register at the request of the owner of the mark or the license on presentation of proof of the expiry or termination of the license contract.
In the absence of provisions to the contrary in the license contract, the grant of a license shall not preclude the licensor from either granting licenses to other persons, subject to notifying the licensee or from using the mark himself.
However, the grant of an exclusive license shall preclude the licensor from granting licenses to other persons and, in the absence of provisions to the contrary in the license contract, from using the mark himself.
INVALID CLAUSES IN THE LICENSE CONTRACT ON A TRADEMARK AND SERVICE MARK IN CAMEROON
Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.
The following shall not be considered restrictions within the meaning of the preceding paragraph;
- Limitations relating to the extent, the scope or the duration of exploitation of the use of the mark, or to the quality or quantity of the goods or services for which the mark may be used;
- The obligation on the licensee to abstain from any act liable to harm the validity of the registration of the mark.
In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorised to grant sublicenses.
RECOGNITION OF INVALID CLAUSES IN A TRADEMARK OR SERVICE MARK LICENSE IN CAMEROON
The recognition of invalid clauses in the patent license contract is done by the civil court at the request of any interested party.