Preface

African Industrial Property Organization（Organisation Africaine de la Propriété Intellectuelle, OAPI）Renowned for its unique single trademark registration system——One application can be submitted17Simultaneously effective for all member states. Under this highly centralized system, the trademark opposition system has become the core mechanism for maintaining market order and protecting the interests of rights holders. This article will provide a systematic analysisOAPIThe key elements of the trademark opposition system.

1、 Trademark opposition acceptance agency: centralized managementreason

OAPIThe objection procedure is entirely carried out byHeadquarters (Yaound é, Cameroon)Centralized jurisdiction:

1. The trademark department is responsible for procedural work

Receive objection applications and conduct formal review

Ensure document compliance (including deadlines, fees, etc.)

Deliver the objection notice to the objector

2. Objection Committee/The Higher Committee exercises its decision-making power

Conduct substantive examination based on written materials

Make the final administrative ruling (supporting or rejecting objections)

The effectiveness of the ruling covers all aspects17A member state

3. The particularity of relief channels

If you are dissatisfied with the ruling, you can only appeal toOAPIUnified Court of Appeal (Lom é, Togo) sues

Domestic courts of member states have no jurisdiction over objection cases

2、 Timing of Trademark Objection: Non extendable Golden Window Period

The exercise of objection rights has strict time limits:

1、Statutory objection period

Publish the trademark in the official gazette（BOPI）From that day on6A month（180(Heaven)

Objections submitted after the deadline will be directly rejected

2、Key Features

The deadline is absolutely fixed and cannot be extended in principle

Enterprises need to establish monitoring mechanisms to promptly identify conflicting trademarks

Missing the deadline will permanently result in the loss of the right to object

3、 Basis for Trademark Objection Application: Legal Barrier of Rights

Objections must be based on the statutory reasons specified in Annex III of the Bangui Agreement:

（1） Relative reasons

Conflict with previously registered trademarks

Infringement of well-known trademark rights and interests

Possible confusion with prior use of the trademark

（2） Absolute reason

Lack of significant features

Deceptive description

contra bonos mores

（3） Special circumstances

Malicious registration by agents

Infringement of other prior rights (such as copyright, portrait rights)

4、 Trademark opposition process: an efficient mechanism mainly based on written examination

The objection procedure adopts a standardized process:

1、core phase

Objection notice with evidence submitted by the objector

The objector can be60Submit the defense within days

The ruling is entirely based on written materials (usually without an oral hearing)

2、Program features

The respondent's failure to defend will result in a clear bias towards the dissenting party in the ruling

Allow both parties to reach a settlement agreement in the program

5、 Trademark opposition period: predictable examination time limit

The program cycle is relatively stable and efficient:

1、Reference time frame

The respondent submits a defense:8From one month to2year

The objector did not respond:8-12month

2、Key influencing factors

The complexity of the case

The completeness of evidence materials

Official workload

Extension of appeal procedure

3、Appeal to the Unified Court will increase1-3Annual cycle

Member state courts have no authority to intervene in the procedural process

Institutional Value and Practical Suggestions

OAPIThe objection system has achieved efficient and unified regional intellectual property protection through centralized processing. For enterprises:

1. It is necessary to establish an official bulletin monitoring mechanism（BOPI）

2. After discovering conflicting trademarks, it is necessary to6Action within the golden period of one month

3. Professional agency is crucial (especially requiring French proficiency)

4. The first submission should ensure sufficient evidence and rigorous argumentation