1. Law dealing with Trademarks in D.R.C
– Industrial Property Law no 82-001 of 1982
– Industrial Property Regulations, 1989
2. Trade mark protection in DRC
The Law provides for the registration of trademarks for goods and services, for collective marks, for manufacturing marks, and for national warranty marks. The Law states that the filing of a mark is compulsory for each commercial operator.
Applications must be filed as national applications and, in appropriate circumstances, claiming convention priority in terms of the Paris Convention.
3. Protection of well-known marks in DRC
There is no express provision to protect well-known marks.
4. Types of trademarks in DRC
Provision is made for the registration of trademarks for goods and services, and for collective trademarks.
The Law also refers to manufacturing marks and national warranty marks. However, these types of marks are not defined, and there are no specific provisions, which relate to their registration or use.
5. Classification of Trademarks in DRC
The International Classification of Goods and Services (Nice Classification) is applied.
6. Convention priority in DRC
The DRC is a member of the Paris Convention. An applicant who has applied for a trademark in another convention country is entitled to a priority right to be accorded the same date as the earlier application.
7. Application of Trademarks in DRC
An application is filed at the Department of Industrial Property or a regional department of government.
The following information and documents are required:
– Full particulars of the applicant
– Power of attorney (simply signed), in French
– List of goods or services to be covered
– Reproduction of the mark
– Certified copy of priority document (if applicable), with certified French translation.
8. Examination/procedure in DRC
The application is subjected to formal and substantive examination. If the application meets the formal and substantive requirements for registration, it will be published. The applicant will be notified that the application has proceeded to grant. For any information or queries in this regard, please contact: mail@dudieu.com
