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Country trademark guide · Updated

Trademark registration in the Democratic Republic of the Congo

To register a trademark in the Democratic Republic of the Congo (DR Congo), file through an approved local agent with the Directorate of Industrial Property (DPI) in Kinshasa. DR Congo is not a member of Madrid, OAPI or ARIPO: direct filing only. Registration lasts 10 years from filing, and use must begin within 3 years.

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Five questions first

Which route?Direct filing only: Madrid designations are not possible, and OAPI and ARIPO regional registrations do not cover DR Congo. If your home application is less than 6 months old, claim priority when you file.Details ↓What do I need?Applicant's name and address, the mark with a printing block, the goods or services by international class, proof of payment, and a special power of attorney for the local agent; a priority claim is made at the same time.Details ↓How are official fees charged?Set in US dollars, paid in Congolese francs: the filing fee of USD 150 covers 3 classes, USD 50 per class from the 4th, and a priority claim costs USD 200. Service fees are quoted by the agent after you submit the order.Details ↓How long does it take?The law sets no examination deadline for trademarks and has no publication or opposition stage; the certificate is issued once the application is found admissible. The DPI publishes no statistics, so this page gives no estimate.Details ↓What are the main risks?No opposition: a pre-emptive filing can only be annulled in court; non-use within 3 years of registration forfeits the right; priority not claimed at filing is lost; licensing a foreign mark triggers a 5% royalty transfer tax.Details ↓
Key facts

Trademarks in the Democratic Republic of the Congo: key facts

OfficeThe Directorate of Industrial Property (Direction de la Propriété Industrielle, DPI) of the Ministry of Industry, under the Ministry's Secretariat General for Industry, in Kinshasa; registration certificates are issued in the name of the minister responsible for industrial property. Website and search links: IP Toolbox.
LawLaw No. 82-001 of 7 January 1982 on industrial property (trademarks: Articles 127–152), in force since its publication and not amended since; official fees under Annex 1 to the joint order of the Ministry of Industry and the Ministry of Finance of 19 July 2022 (published in Official Gazette No. 17 of 1 September 2022)
Madrid SystemNot a member: an international registration cannot designate the Democratic Republic of the Congo, so only direct filing is possible
OAPI and ARIPONot a member of either: the "Congo" among OAPI's 17 member states is the Republic of the Congo (Brazzaville), and ARIPO's 22 member states do not include the Democratic Republic of the Congo, so neither regional registration covers the country
Paris Convention and priorityA Paris Convention member since 31 January 1975; priority from an earlier application abroad must be claimed when the application is filed or it is lost (Article 136); the priority period under the Paris Convention is 6 months
Foreign applicantsAn applicant who is not a Congolese national and is domiciled abroad must elect domicile with a local agent in DR Congo and file through that agent (Article 18); the agent must be approved by the Ministry of Industry; the power of attorney is a special power listing the documents attached (Article 17)
One mark, several classesYes; the filing fee covers the first 3 classes and each class from the 4th adds a fee; the application must state the international class of the goods or services (Article 135)
Examination and registrationThe authority examines whether the application meets the legal requirements (Articles 128, 132 and 133) and issues the registration certificate once it is found admissible (Article 115, applied by Article 136); the law provides no publication or opposition stage, so third parties can only apply to the court of first instance (tribunal de grande instance) for a declaration of nullity (Articles 149 and 166)
Term and renewal (statutory)10 years from the filing date, renewable for 10 years at a time; renewal must be filed within the last year of the term; the mark and the list of goods cannot be changed during the term or at renewal (Article 137)
Obligation to use (statutory)The mark must be used within 3 years of registration (Article 138); non-use leads to forfeiture of the right (Article 150); within 5 years of forfeiture, if the mark is still available, it can be refiled with a restoration fee to recover it
Compulsory filing (statutory)The law obliges every operator engaged in industry, trade, agriculture or crafts to apply to register their trademark (Article 139)
Fee currencyAll official fees are set in US dollars and paid in Congolese francs at the official exchange rate on the day of payment (Article 1 of the 2022 joint order)
Filing feesFiling fee USD 150 (covering 3 classes), USD 50 per class from the 4th; priority claim USD 200 (plus USD 80 per class from the 4th); official search USD 80
Licensing foreign marksA Congolese licensee using a foreign trademark pays a 5% royalty transfer tax quarterly; recording a licence contract costs USD 500 per mark (2022 joint order)

Checked on 2026-10-15; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim priority

The Democratic Republic of the Congo is not a member of the Madrid System, so an international registration cannot designate it. Nor is it a member of either African regional organisation: the "Congo" on OAPI's list of member states is the Republic of the Congo (Brazzaville), and ARIPO's 22 member states do not include the Democratic Republic of the Congo. To be protected there, you must file directly with the DPI through a local agent. The real choice is whether to claim priority from an earlier application filed abroad.

For regional registration in French-speaking Africa see OAPI trademark registration, and for English-speaking Africa see ARIPO trademark registration; neither covers the Democratic Republic of the Congo.

ItemDirect filing (no priority claim)Claiming priority from an earlier application
PrerequisiteNone; use this route if you have no earlier application or it was filed more than 6 months agoFile in DR Congo within 6 months of your first application abroad (Paris Convention)
Filing dateThe filing date recorded in the DPI's receipt minutes; the term runs from that dayThe term still runs from the Congolese filing date, but the priority date excludes third-party applications filed in the gap
Extra stepsNoneThe priority claim must be made, and the priority fee paid, when the application is filed; it cannot be added later (Article 136)
Official feesFiling fee USD 150 covering 3 classes, USD 50 per class from the 4thSame filing fee, plus a priority fee of USD 200; for more than 3 classes, USD 80 per class from the 4th
RiskSomeone who files first in the gap between your home application and your Congolese application can block you, and DR Congo has no opposition stage, so your only remedy is a nullity action in courtHave the priority documents ready before filing; if you forget to claim priority at filing, it is lost
Best forYou have not filed elsewhere yet, or your earlier application is more than 6 months oldYou filed abroad less than 6 months ago, especially if you are worried about a pre-emptive filing in the Democratic Republic of the Congo

Not sure? Run a free search first, then submit an order online; the agent will advise you based on the search results.

What to prepare

Documents checklist

Foreign companies and individuals filing through a local agent in the Democratic Republic of the Congo usually prepare the following information and documents. The law states no notarisation or legalisation requirement for the power of attorney; signed documents are provided as your agent instructs.

Applicant

  • Name or company name and address (Article 16, applied by Articles 112 and 134)
  • An applicant who is not a Congolese national and is domiciled abroad elects an address for service with the local agent

Power of attorney

  • A special power of attorney (pouvoir spécial) to a local agent approved by the Ministry of Industry, listing the documents attached (Article 17)

The mark

  • A specimen of the mark and a printing block (cliché); the mark may be a name, letters, numerals, a device, a combination of colours, a slogan and so on (Articles 132 and 135)
  • A collective mark also needs rules governing its use and supervision, without which no exclusive right is obtained (Article 142)

Goods or services

  • The goods or services for which the mark is used, with the corresponding international class (Article 135); one application may cover several classes, and the first 3 classes are included in the filing fee

Basis of filing and payment

  • Proof of payment must accompany the application, or neither the application nor the priority claim is accepted (Articles 135 and 136)
  • If you claim priority from an earlier application abroad, claim it and pay the priority fee when you file

A mark may not come too close to the generic name or essential characteristics of the goods or services, nor suggest qualities the goods do not have; commonplace laudatory words such as Extra, Royal or Super, ordinary packaging and common emblems cannot be registered (Articles 132 and 133).

How long

Process and timeline

Example: a direct application through a local agent. The law sets no examination deadline for trademarks and the DPI publishes no statistics, so this page gives no estimated timing.

  1. Step 1

    Pre-filing search (recommended)

    The Democratic Republic of the Congo has no online trademark database; your agent can request an official search from the DPI (USD 80, plus USD 40 per class from the 4th). As there is no opposition stage, a search before filing matters even more

  2. Step 2

    Appoint the agent and prepare the documents

    Sign the special power of attorney listing the documents, and settle the specimen of the mark, the goods or services and the international classes; if you are claiming priority, have the details of the earlier application ready

  3. Step 3

    Filing and payment

    The agent files in writing with the DPI, attaching proof of payment; on receipt, minutes are drawn up recording the date, hour and minute of filing (Article 25); priority is claimed at this point

  4. Step 4

    Examination

    The authority examines whether the application meets the legal requirements; the law sets no examination deadline and provides no publication or opposition stage

  5. Step 5

    Registration certificate

    Once the application is found admissible, the certificate is issued and the mark entered in the national trademark register; registration lasts 10 years from the filing date

  6. Step 6

    After registration

    Start using the mark within 3 years; renew during the 10th year, for 10 years at a time

The law sets deadlines for the authority to process patent applications (3 months for domestic applications, 5 months for foreign ones), but the trademark provisions do not refer to them, so this page does not extrapolate from them.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are set in US dollars and paid in Congolese francs at the official exchange rate on the day of payment. The filing fee is charged per application and covers 3 classes, with a fee for each class from the 4th; priority claims, renewals and restorations follow the same "3 classes included, plus each class from the 4th" structure. The current rates were set by the joint order of the Ministry of Industry and the Ministry of Finance of 19 July 2022, published in the Official Gazette on 1 September 2022.

ItemChargedAmountApprox. USD
Paid on filing
Filing fee (per application, up to three classes included)Per application150 USDUSD 150
Additional class fee (per class from the fourth class)Each class from the fourth50 USDUSD 50
Payable when applicable
Priority claim (per application, up to three classes included; must be claimed at filing)Per application200 USDUSD 200
Priority claim, additional class fee (per class from the fourth class)Each class from the fourth80 USDUSD 80
Keeping the registration
Renewal (per registration, up to three classes included; 10 years, filed within the last year of the term)Per application300 USDUSD 300
Renewal, additional class fee (per class from the fourth class)Each class from the fourth80 USDUSD 80
Late renewal surcharge (per registration; the law sets no grace period length)Per application150 USDUSD 150
Restoration after lapse (per mark, up to three classes included; new filing within 5 years if the mark is still available)Per application320 USDUSD 320
Restoration, additional class fee (per class from the fourth class)Each class from the fourth80 USDUSD 80
Other
Official register search (per mark, up to three classes included)Per application80 USDUSD 80
Official register search, additional class fee (per class from the fourth class)Each class from the fourth40 USDUSD 40
Recordal of assignment (per mark; legal entity; USD 300 for a natural person)Per application600 USDUSD 600
Change of owner's name or address (per mark)Per application220 USDUSD 220
Recordal of a licence agreement (per mark; renewal USD 1,000, late renewal USD 1,400)Per application500 USDUSD 500
Cancellation or removal of a mark (per mark)Per application320 USDUSD 320
Duplicate registration certificate (per mark)Per application200 USDUSD 200

Source: Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 II.02 ; texte；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 II.03；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 V.02；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 V.03；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 III.01；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 III.09；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 III.02；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 VII.02；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 VII.03；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 I.01；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 I.05；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 IV.01；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 IV.02；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 VI.01–03；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 IV.07；Ministère de l'Industrie / Ministère des Finances, Arrêté interministériel n° CAB.MIN/IND/CFI/008/07/2022 et n° 055/CAB/MIN/Finances/2022, Annexe 1 III (duplicata) · current fees in force since 2022-09-01 · checked on 2026-10-15

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: one mark filed in classes 9 and 35 with no priority claim: filing fee USD 150 (covering 3 classes), so USD 150 in official fees in total. For 5 classes with a priority claim: filing fee 150 + 2 × 50 = USD 250, priority fee 200 + 2 × 80 = USD 360, USD 610 in total.

Official search USD 80 (plus USD 40 per class from the 4th); renewal USD 300 (plus USD 80 per class from the 4th), late renewal surcharge USD 150; recording an assignment USD 600 for a legal person or USD 300 for a natural person; change of name or address USD 220; recording a licence contract USD 500 per mark.

Service fees, including the local agent's fee in the Democratic Republic of the Congo, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to the Democratic Republic of the Congo and common refusals

These are rules specific to the Democratic Republic of the Congo that are easy to overlook, and common issues in applications.

No publication or opposition stage: pre-emptive filings can only be challenged in court

The 1982 law provides no publication and no opposition before registration; the certificate is issued once the application is found admissible. If someone has registered your mark ahead of you, your only remedy is to apply to the court of first instance (tribunal de grande instance) for a declaration of nullity under Article 149 (jurisdiction under Article 166). A search before filing and an early filing are far more effective than enforcement afterwards.

The mark must be used within 3 years of registration

The owner is obliged to use the mark within 3 years of registration (Article 138), and non-use leads to forfeiture of the right (Article 150). Within 5 years of forfeiture, if the mark is still available, it can be refiled with a restoration fee (USD 320, plus USD 80 per class from the 4th) to recover it. Align your entry into the Congolese market with the timing of your application.

Priority not claimed at filing is lost

Priority from an earlier application abroad must be claimed when the trademark application is filed, or it is lost (Article 136); an application or priority claim without proof of payment is not accepted. The priority fee is USD 200. If your home application is less than 6 months old and you fear a pre-emptive filing, have the priority details and the fee ready before you file.

Madrid, OAPI and ARIPO do not apply: do not confuse the two Congos

The Democratic Republic of the Congo is not a member of the Madrid System, OAPI or ARIPO. The "Congo" on OAPI's list of member states is the Republic of the Congo (Brazzaville): an OAPI registration covers the Brazzaville side of the river, not Kinshasa. To protect your mark in the Democratic Republic of the Congo, you must file directly; see OAPI trademark registration.

Licensing a foreign mark triggers a royalty transfer tax

Under the 2022 joint order, a Congolese licensee using a foreign trademark, or receiving technical assistance or know-how, must declare and pay a 5% royalty transfer tax quarterly; for a royalty-free licence, 2% of the turnover under the mark serves as the tax base. Recording a licence contract costs USD 500 per mark and renewing the recording USD 1,000. Factor this tax in before licensing your mark to a local distributor.

Filing is compulsory by law, and renewal only in the last year

The law obliges every operator engaged in industry, trade, agriculture or crafts to apply to register their trademark (Article 139). Renewal must be filed within the last year of the 10-year term, and the mark and the list of goods cannot be changed during the term or at renewal (Article 137); the fee schedule lists a late renewal surcharge of USD 150, but the law sets no length for a trademark grace period.

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After registration

Keeping the registration

A registration in the Democratic Republic of the Congo lasts 10 years from the filing date and needs no declaration of use, but the mark must be used within 3 years of registration; renewal is every 10 years and can only be filed in the last year of the term.

WhenWhat to doOfficial fee
Within 3 years of registrationStart using the mark in the Democratic Republic of the Congo and keep evidence; non-use leads to forfeiture of the rightNone
In the last year of the term, then every 10 yearsRenewal for 10 years at a time; the mark and the list of goods cannot be changedUSD 300 (covering 3 classes), USD 80 per class from the 4th
Late renewalA surcharge applies to late renewal; the law sets no length for the grace period, so confirm with your agent and the DPIUSD 150 extra
Within 5 years of forfeitureIf the mark is still available, refile and pay the restoration fee to recover itUSD 320 (covering 3 classes), USD 80 per class from the 4th
At any timeRecording an assignment; change of the owner's name or address; recording a licence contract; a surrender must be written, express and authenticatedAssignment USD 600 for a legal person or USD 300 for a natural person; change USD 220; licence recording USD 500 per mark

If you license a foreign mark to a Congolese licensee, a 5% royalty transfer tax is also payable quarterly. E-commerce brand registries usually require a registered or pending trademark.

FAQ

Trademark registration in the Democratic Republic of the Congo

How much does a trademark in DR Congo cost?

Official fees are set in US dollars and paid in Congolese francs: the filing fee is USD 150, covering 3 classes, plus USD 50 per class from the 4th; a priority claim costs a further USD 200 (plus USD 80 per class from the 4th). There is no separate publication or registration fee. An official search costs USD 80 and renewal USD 300. Service fees, including the local agent's fee, are quoted by the agent after you submit the order.

How long does trademark registration in DR Congo take?

The law sets no examination deadline for trademarks and provides no publication or opposition stage; the certificate is issued once the application is found admissible. The DPI publishes no average processing time, so this page gives no estimate. Follow your agent's updates for actual progress.

Can I register a trademark in DR Congo through Madrid, OAPI or ARIPO?

None of the three. The Democratic Republic of the Congo is not a member of the Madrid System, OAPI or ARIPO. The "Congo" among OAPI's member states is the Republic of the Congo (Brazzaville), not the Democratic Republic of the Congo. For protection in Kinshasa, Lubumbashi and the rest of the country, you must file directly with the DPI through a local agent.

Does a foreign company need a local agent in DR Congo, and must the power of attorney be notarised?

Yes to the agent. The law requires an applicant who is not a Congolese national and is domiciled abroad to elect domicile with a local agent and file through that agent, and the agent must be approved by the Ministry of Industry. The power of attorney is a special power listing the documents attached; the law states no notarisation or legalisation requirement, so signed documents are provided as your agent instructs.

Can one application cover several classes?

Yes. State the international class of each product or service in the application: the filing fee of USD 150 covers 3 classes and each class from the 4th adds USD 50; the class surcharges for priority claims, renewals and restorations are likewise counted from the 4th class.

What happens if I do not use the mark after registration?

The owner is obliged to use the mark within 3 years of registration; non-use leads to forfeiture of the right, and someone else can then apply for the mark. Within 5 years of forfeiture, if the mark is still available, the former owner can refile and pay a restoration fee to recover it. If you plan to register now and enter the market a few years later, build the 3-year deadline into your plans.

Other IP rights

Patents: patents in the Democratic Republic of the Congo are granted by the DPI under the 1982 law; a patent lasts 20 years from the filing date, or 15 years for pharmaceutical inventions, and is granted without substantive examination (except in the food and pharmaceutical fields). The country is not a PCT member, so only a direct national application is possible.

Industrial designs: registration lasts 5 years and can be renewed once; one application may cover 1 to 50 designs. The Democratic Republic of the Congo is not a member of the Hague Agreement, so applications are filed nationally with the DPI.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

African Intellectual Property Organization (OAPI)　·　Kenya　·　Tanzania　·　Zambia　·　South Africa

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