Congo (Kinshasa), formerly known as Zaire, is located on the west bank of the Congo River in central Africa. The current trademark regulations are mainly based on the Industrial Property Law promulgated on January 7, 1982. The Industrial Property Office is responsible for managing intellectual property affairs, and the official language is French. Trademark exclusive rights need to be obtained through registration. The trademark registration in the Democratic Republic of the Congo adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Congo (Kinshasa) is a contracting party to international intellectual property treaties such as the TRIPS Agreement, WIPO Convention, Paris Convention, and Singapore Treaty, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the authorities in the Democratic Republic of Congo adopt the Nice Classification 11th edition of goods and services descriptions and accept applications for multiple categories in one form. The elements that can be registered as trademarks in the Democratic Republic of Congo include: text, name, graphics, three-dimensional identification, color combination, slogan, relief, motto, etc.
If the applicant does not reside in the Democratic Republic of Congo, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding French translations must be provided.
The main process for applying for registration of a trademark in the Democratic Republic of Congo is: application, acceptance, examination, announcement, approval, and issuance of a certificate.
After the application is submitted, the official first conducts a formal review, mainly examining whether the application materials and classification information comply with regulations. Generally, it takes about 4 weeks to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
The country has no objection procedure. After registration, any interested party may apply to revoke the trademark, and the main reasons for revocation are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
In a smooth situation, trademark registration in the Democratic Republic of Congo takes about 2 years; If things don't go smoothly and there is a rejection midway, the time will be greatly extended.
The trademark registration in the Democratic Republic of Congo is valid for 10 years, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.