Recent OAPI trade mark opposition judgments highlight the fact
that the system works. Most of the oppositions discussed here were
based on confusing similarity with earlier registrations, but one
was based on the relatively rare ground of deceptiveness. Trade
mark owners with commercial interests in OAPI member states should
monitor OAPI trade mark registration activity carefully, and they
should be prepared to file an opposition when they feel it is
warranted.
Confusing similarity
Article 3(b) of Annex III of the revised Bangui Accord
("Accord") deals with a refusal based on
an earlier registration. It talks of the 'same or similar
goods or services' and a mark 'that it is liable
to mislead or confuse.'
