BURKINA FASO Law and Practice Contributed by: Bobson Coulibaly, Pierre Yanogo, Oumarou Cisse and Diana Woba, SCP Yanogo Bobson
grounds for opposition to the relevant organisa - tion, within three months of the publication of the application. The opposition must be based on an infringement or an earlier registered right belonging to the opponent. The relevant organisation will then send a copy of the notice of opposition to the applicant or their agent, who may reply to the notice, stating the reasons for their reply, within three months, but this period can be renewed once. The reply must be communicated to the opposing party or their representative. Before ruling on the opposition, the relevant organisation will hear the parties or their repre - sentative if so requested. Where the relevant organisation considers the opposition to be well-founded: • it will submit the patent application for re- examination; or • it will terminate examination of the applica - tion. Where the relevant organisation considers the opposition unfounded, it will continue to exam - ine the patent application. An action for invalidity or lapses of a patent may be brought by any person having an interest in it. 7.2 Trade Marks A trade mark or service mark is any visible or audible sign used or intended to be used to dis - tinguish the goods or services of a natural or legal person. The registration of a trade mark is effective for ten years from the date of filing the application for registration. However, ownership of the trade mark may be retained indefinitely
by successive renewals which may be issued every ten years. The trade mark application must be filed with the OAPI or national organisation and contain the following documents: • a request addressed to the general manager of the relevant organisation; • proof of payment to the relevant organisation of the required fees; • a reproduction of the mark, together with a clear and complete enumeration of the goods or services to which the mark applies, and of the corresponding classes of the Nice Agree - ment Concerning the International Classifica - tion of Goods and Services for the Purposes of the Registration of Marks; • the regulations setting out the conditions of use, in the case of a collective mark or a col - lective certification mark; • the priority document, if applicable; and • an unstamped private power of attorney if the applicant is represented by an agent. Any interested party may oppose the registration of a mark by sending a written notice setting out the grounds for opposition, which must be based on a violation of law or of a prior reg - istered right belonging to the opponent, to the relevant organisation, within three months of the publication of the application. The opposi - tion may also be based on an earlier filing or an application with an earlier priority date. The relevant organisation then sends a copy of the notice of opposition to the applicant or their representative, who may reply to the notice, giv - ing reasons, within three months, and this period may be renewed once if requested. The reply must be communicated to the opposing party or their representative.
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