You found a trademark for your product/service, BUT there is an identical or confusingly similar trademark already registered (that you never have seen in the marketplace). The Law No. 20-00 concerning Industrial Property gives you the option to request the cancellation of this registration.

Before any action, check (or hire someone to do it for you) whether or not the trademark is being used in the country. The manner, form and amount of use vary from product/service to product/service. Likewise, use is accepted if the product is only destined to exportation or if the services are only rendered from here to costumers abroad.

Mainly research on:

• The registered trademark: must have been abandoned for at least three (3) years;
• The owner or the representative;
• Other product/service providers;
• National authorities involved in authorizing the trading of this kind of product/service. Ex. If the product is a drug, request information at the Ministry of Public Health;
• National associations of traders or entrepreneurs of alike or similar products/services

All this will give you the necessary information to determine whether a cancellation process is worth the trouble. Moreover, you can always try to approach the trademark owner (or representative) to reach a coexistence agreement.

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