– Law No. 82-001 of January 7, 1982, regarding Industrial Property.
– Regulations No. 89-173 of August 7, 1989.
– Decree No. CAB.MIN/IND/CFI/008/07/2022 and No. 055/CAB/MIN/FINANCES/2022 of July 19, 2022.

– Convention Establishing the World Intellectual Property Organization (WIPO), since January 28, 1975.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 31, 1975.
– WTO’s TRIPS Agreement, since January 1, 1997.

Applicant: any firm or person.

Foreigners and nationals not living in Congo: must appoint an agent in Congo (power of attorney, not legalized). Foreigners’ trademarks are protected in the same manner as those of nationals.

Definition: any sign which is used to distinguish or identify any products or services of an industry or trade.

Obligation to register a mark: it is compulsory for any firm which has an activity in industry, trade, agriculture or craftsmanship to have its trademarks registered.

Novelty: the sign is new if it has not been registered before as a mark for the same product or service.

Service marks: registrable.

Collective marks: may be registered. A copy of the regulations and control prescription of the organization applying for a collective mark must be filed.

Excluded from registration: insignia or other national emblems; trademarks offending good morals; marks which may mislead the public, marks composed exclusively of indications of the quality of the product or of its composition, the usual denomination of the products, objects or services; expressions such as “extra, royal, super… etc.”, or belonging to the public.

Priority: according to the Paris Convention.

Classification: international, according to the Nice Agreement.

Multi-class applications: can be filed.

Territory covered: the whole territory of Congo.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (in duplicate) on officially printed form. A separate power of attorney (in duplicate) is required for each mark; no legalization;
2. Printing block and 10 prints (even for word marks), size not exceeding 8 x 10 cm;
3. The list of products/services in French;
4. Indication of the International Classification;
5. Certified copy of home application, if priority is to be registered (may be filed within five months of application date).

For a change of name or address: a notarized copy of the official document recording the change of name or address.

Examination: the applicant or his agent has to carry out a preliminary search regarding anteriorities.

Amendments: not possible.

Letters of consent: are accepted, must be legalized.

Opposition: no provision.

Delivery of document: the registration certificate is issued in paper format.

Duration of protection: ten years from the filing date.

Renewal: has to be requested during the last year of the validity period. No amendments possible. Grace period: six months, with fine.

Rights of the owner: he is solely entitled to use the mark.

Infringement and penalties: penal and civil action can be brought against infringer.

Obligation to use: the use of a registered mark is compulsory within a period of three years beginning with the registration date.

Marking: no provision.

Assignment: an assignment must be recorded at the Trademark Office. A legalized document proving the assignment is to be filed. A trade or service mark which is identical with or similar to the company name, must be assigned with the company. A trade or service mark which is not identical with or similar to the company name, can be assigned without the business with which it is used. An assignment has legal effect only after its registration. Any transfer or inheritance of a trade/service mark is subject to payment of a tax.

Licenses: must be registered.

Nullification: the registration of a trademark can be declared null on demand of a third party, if it does not comply with the legal requirements.

Unfair competition: according to the Ordinance No. 41/63 of February 24, 1950, it is the Court of First Instance which, on demand of a third party, issues an injunction against an act of unfair competition.

Prior user rights: the right of a prior user must be respected if it can be proved.

Validation of an invalidated trademark: possible within five years from the invalidation, if the mark is still available. Collective marks cannot be revalidated for a period of three years.