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African Regional Intellectual Property Organization (ARIPO)Below is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
Trademark Rights at the African Regional Industrial Property Organization
Countries where the rights apply
- Among the ARIPO member states that have signed the Banjul Protocol, trademark rights extend to those countries that have been designated as designated states.
As of March 2018, the ARIPO member countries are Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Liberia, Rwanda, Tanzania, Uganda, Sao Tome and Principe, Zambia and Zimbabwe (3 countries), of which the countries that have signed the Banjul Protocol are Botswana, Lesotho, Liberia, Malawi, Namibia, Sao Tome and Principe, Swaziland, Tanzania, Uganda and Zimbabwe (19 countries). - An applicant for a trademark under the Protocol or an owner of a registered trademark under the Protocol may subsequently designate any new States that have signed the Protocol.
What trademarks can be protected?
- The definition of a trademark includes "signs, names, letters, devices, brands, headings, numbers and any combination thereof."
- The Office will recognise colour and three-dimensional marks, but will ultimately defer to the rules of the designated states.
application
- The application language is English
- Multi-classification system per application (Nice Classification adopted)
- Specify the country in which you wish to seek protection
- You must declare your intention to use or use the trademark, or apply to register the user of the trademark.
- Power of attorney required
Examination, protest, arbitration and cancellation
- Formal examination, such as checking the designated product description and classification, is carried out by the ARIPO Secretariat, while substantive examination is carried out by the designated country.
- If a formality examination is rejected, it is possible to request a review by the ARIPO Secretariat or to file an appeal with the Board of Appeal.
- If you are not satisfied with the formality examination, you can change your application to a national application in the designated state.
- After notification to the designated States, the application will be published as "allowed" if:
- If the designated State accepts the application
- If the ARIPO Office does not receive a notice of refusal within 12 months from the date of notification.
- A notice of refusal will be issued by the ARIPO Office, and the applicant may respond directly to the designated state.
- Oppositions may be filed with the ARIPO Office within three months from the date of publication, after which the opposition will be processed in the designated states.
- Appeals and cancellations are governed by the domestic law of the designated state.
Maintaining rights
- The duration of a patent is 10 years from the filing date or priority date, and can be renewed every 10 years thereafter.
Invalidation and cancellation procedures
- Invalidation and cancellation procedures are governed by the domestic law of the designated state.