The short answer
One ARIPO application under the Banjul Protocol can designate several African member states. The registration lasts 10 years from the filing date, can be renewed on or before expiry with a 6-month grace period, and each designated state examines the mark within 9 months and can refuse it on its territory. After publication, the mark is registered 3 months later unless someone opposes. Applicants without a place of business in a member state must be represented.
Trademark deadlines in ARIPO (Banjul Protocol) at a glance
These rules come from the Banjul Protocol on Marks and its Regulations, as amended on 25 November 2022, in the English text on WIPO Lex. The Protocol covers the member states that are party to it, which include Botswana, Cabo Verde, Eswatini, The Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Tanzania, Uganda and Zimbabwe, so we confirm the current list of states before we file. National law decides substantive questions in each designated state.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for further periods of 10 years (Banjul Protocol, Section 7). |
| Which date does the term count from? | The filing date of the application with ARIPO (Section 7:1). |
| When can I renew? | Renewal is made on or before the expiry date of the registration or the last renewal, on payment of the prescribed renewal fee (Section 7:2 and 7:3). |
| Is there a grace period? | Yes. A 6-month grace period is allowed, either way, on payment of a surcharge. If the fee is still not paid, the registration lapses and is removed from the Register, but it can be restored on request and payment of the restoration fee within the prescribed period (Section 7:3 to 7:5). |
| Opposition period | At any time after the application is published as accepted, but before the mark is registered (registration follows 3 months after publication), any interested person can lodge a notice of opposition with ARIPO. The opposition is then handled under the national law of the designated states concerned (Section 6bis:4 and Regulation 11ter). |
| Reply to an office action | Each designated state examines the application under its national law and can notify ARIPO within 9 months that a registration will have no effect on its territory. The applicant can respond through ARIPO, and the decision can be appealed or reviewed under that state's law. Refusal in one state does not stop registration in the others (Sections 6 and 5bis). |
| Priority claim | Paris Convention priority applies if the application is filed within 6 months of the earlier application (Section 4). |
| Non-use | The national law of each member state decides cancellation, including for non-use. The state notifies ARIPO within one month of any cancellation, and ARIPO publishes and records it (Section 8:2). |
| Assignment | We record transfers and licences with ARIPO and in the designated states. We confirm the current procedure and fees under the Regulations before filing. |
Who can register a trademark in ARIPO (Banjul Protocol)
Any person can apply directly with ARIPO or through the IP office of a member state, which must forward the application within one month. The application designates the member states in which protection is wanted (Section 2).
Representation. An applicant whose principal place of business or ordinary residence is not in a member state must be represented by a patent or trade mark agent, or a legal practitioner entitled to represent applicants before the Industrial Property Office of a member state (Section 2:2 and 2:3).
Trademark registration process in ARIPO (Banjul Protocol)
Search
- Search the the African Regional Intellectual Property Organization (ARIPO) records for identical or similar marks in your classes.
File the application
- File with the the African Regional Intellectual Property Organization (ARIPO), through your ARIPO-recognised agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication in the Marks Journal, an opposition can be lodged with ARIPO before registration, which follows 3 months after publication (Section 6bis).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the African Regional Intellectual Property Organization (ARIPO) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
ARIPO (Banjul Protocol) trademark validity and renewal
- The term is 10 years from the filing date in each designated state.
- Renew on or before expiry.
- A 6-month grace period with a surcharge follows, then the registration lapses.
- Use the mark in each state to protect it against national non-use actions.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a ARIPO trademark
Designation
Choice of states
Protection reaches only the member states you designate and that do not refuse (Section 6).
Effect
National effect
A registration has the same effect in each designated state as a national registration (Section 8:1).
Cancellation
National law
Cancellation, including for non-use, follows the law of each state (Section 8:2).
Early publication
Faster registration
If all designated states accept early, you can request early publication on payment of a fee (Section 6bis:1).
Non-use and cancellation of a ARIPO trademark
Under Section 8:2, the national law of each member state governs the cancellation of a registration, including for non-use. A state tells ARIPO within one month of cancelling, and ARIPO updates the Register and the Marks Journal.
Keep dated proof of use in ARIPO (Banjul Protocol): invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in ARIPO (Banjul Protocol)
Search the ARIPO register and read the Marks Journal. The period from publication to registration is 3 months.
Sources used
- Banjul Protocol on Marks and Regulations for Implementing the Protocol (as amended on 25 November 2022), English text on WIPO Lex: Sections 2, 4 to 8 and 6bis, and Regulation 11ter.
- ARIPO for the current list of contracting states, fees and forms.
ARIPO (Banjul Protocol) trademark FAQ
How long does a trademark last in ARIPO (Banjul Protocol), and from when?
10 years from the filing date, renewable for further periods of 10 years (Banjul Protocol, Section 7). It counts from the filing date (Section 7:1).
When should I renew a ARIPO trademark, and is there a grace period?
Renewal is made on or before the expiry date of the registration or the last renewal, on payment of the prescribed renewal fee (Section 7:2 and 7:3).
What is the opposition period in ARIPO (Banjul Protocol)?
At any time after the application is published as accepted, but before the mark is registered (registration follows 3 months after publication), any interested person can lodge a notice of opposition with ARIPO. The opposition is then handled under the national law of the designated states concerned (Section 6bis:4 and Regulation 11ter).
How much does it cost to register a trademark in ARIPO (Banjul Protocol)?
The official fee is set by the the African Regional Intellectual Property Organization (ARIPO) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in ARIPO (Banjul Protocol)?
Yes. A foreign applicant must be represented by an agent or legal practitioner entitled to act before a member state's IP office (Section 2). We arrange this.
Can I assign a ARIPO trademark?
We record transfers and licences with ARIPO and in the designated states. We confirm the current procedure and fees under the Regulations before filing.
Can a ARIPO trademark be cancelled for non-use?
The national law of each member state decides cancellation, including for non-use. The state notifies ARIPO within one month of any cancellation, and ARIPO publishes and records it (Section 8:2).
How can I check the status of a ARIPO trademark?
Use the the African Regional Intellectual Property Organization (ARIPO) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Paris Convention priority applies if the application is filed within 6 months of the earlier application (Section 4).
How do I change the owner's name or address?
Record the change with the the African Regional Intellectual Property Organization (ARIPO) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in ARIPO (Banjul Protocol)
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