On 13 November 2015, OAPI deposited its instrument of accession to the Singapore Treaty on the Law of Trade Marks (“The Treaty”), which was adopted in March 2006. The Treaty will enter into force in OAPI on 13 February 2016.

Articles 6 and 19(2) of the Treaty will not be applicable to OAPI. These articles read as follows:

 “Where goods and/or services belonging to several classes of the Nice Classification have been included in one and the same application, such an application shall result in one and the same registration; and

19(2)   “A Contracting Party may not require the recordal of a license as a condition for any right that the licensee may have under the law of that Contracting Party to join infringement proceedings initiated by the holder or to obtain, by way of such proceedings, damages resulting from an infringement of the mark which is the subject of the license.”

The Treaty will bring about changes to the manner in which the change of names and addresses of proprietors of trade marks are recorded at the OAPI Registry, in that a single application form can now be used to record these changes in respect of several trade mark registrations.

The Singapore Treaty essentially supplements the Trademark Law Treaty which was adopted in October 1994.  The main aim of these Treaties is to standardise and simplify the national and regional trade mark application/registration procedures of the contracting parties.

For further updates, information and queries on copyright law, trade mark, patent and design filings in OAPI and across Africa, please contact africaip@adams.africa

Jenny Pienaar
Partner | Trade mark Attorney