Trademarks Law in Guinea
Certainly! Here’s an overview of Trademark Law in Guinea:
🇬🇳 Trademark Law in Guinea
Legal Framework
Trademark protection in Guinea is primarily governed by Law No. 022/2006/AN of July 27, 2006, on Industrial Property, which includes trademarks.
Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) — the African Intellectual Property Organization.
OAPI provides a centralized system for trademark registration and enforcement covering member states, including Guinea.
Guinea is also a party to several international treaties:
Paris Convention
Madrid Protocol (through OAPI)
TRIPS Agreement
Administering Authority
Trademark registration and administration are handled by OAPI, headquartered in Yaoundé, Cameroon.
OAPI provides a single trademark registration that covers all member states, including Guinea.
What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, names, slogans
Logos, shapes, colors
Sounds (if distinctive)
Signs must be capable of graphical representation.
Registration Process
Filing Application with OAPI:
One centralized application covers all member states.
Must include trademark representation, applicant details, and list of goods/services (Nice Classification).
Examination by OAPI:
Formal and substantive examination for compliance and conflicts.
Publication in the OAPI Bulletin.
Opposition Period:
Third parties may oppose within 3 months of publication.
Registration:
Upon clearance, the mark is registered with effect in Guinea and other OAPI member states.
Duration and Renewal
Trademark registration lasts for 10 years from the filing date.
Renewals can be made indefinitely for successive 10-year periods.
Rights Conferred
Exclusive rights to use the trademark in Guinea and other OAPI member states.
Right to prevent unauthorized use or infringement.
Rights to license, assign, or enforce the trademark.
Use Requirement and Cancellation
The trademark must be genuinely used in Guinea (or other OAPI member states).
Non-use for 3 consecutive years can lead to cancellation on request.
Enforcement
Enforcement of trademark rights occurs via national courts but is coordinated under OAPI’s framework.
Remedies include injunctions, damages, and seizure of infringing goods.
Customs may assist in enforcement at borders.
International Protection
OAPI members benefit from centralized trademark protection under the Madrid Protocol.
International applications designating OAPI provide protection in Guinea.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 022/2006/AN on Industrial Property (OAPI system) |
| Administering Authority | Organisation Africaine de la Propriété Intellectuelle (OAPI) |
| Duration | 10 years, renewable |
| Use Requirement | Genuine use required; non-use for 3 years leads to cancellation |
| Opposition Period | 3 months post-publication |
| International Treaties | Paris Convention, Madrid Protocol, TRIPS |
| Types of Marks | Words, logos, shapes, colors, sounds |
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