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Trade Mark Services & Trade Mark Lawyers
Forms part of
DRC is a party to the Paris Convention for Protection of Industrial Property and it is possible to claim priority under the Paris Convention.
DRC follows a multi-class filing system and recognises both goods and services classes in terms of the Nice Classification.
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. There is no provision for opposition proceedings, however an interested party, including the Public Minister, may invoke the nullity (in other words, apply for cancellation) of a mark on the ground that it should not have been registered in the first place.
DRC is a first to file jurisdiction and common law trade mark rights are not recognised, except in limited and exceptional cases. Well-known trade marks are also not specifically recognised in the DRC.
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs recordals are not possible.