TRADEMARK REGISTRATION IN AFRICA: REVIEWING THE ARIPO PROCESS

Introduction

Protection of your Brand through Trademark registration is a point that has often been belabored, with companies and individuals alike being reminded to always trademark their goods or services, in order to avoid protracted litigation over the exploitation of their intellectual property rights.

Throughout the world, an efficient and equitable Intellectual Property system is viewed as a powerful tool for economic development and social and cultural wellbeing, as it rewards and provides a suitable environment for both creativity and invention to flourish.

In Africa, often times it is assumed that a corporate or individual wishing to trademark their goods, services, brand name or brand logo has to seek registration at the National Trademark Offices of each country they wish to operate in. However, this is not the case.

This article shall delve deeper into a regionally unified system of trademark registration in Africa, and whereby, with just one application, you are able to enforce your trademark rights in over 12 countries in Africa.

The Africa Regional Intellectual Property Organization (ARIPO)

The African Regional Intellectual Property Organization (ARIPO) was established under the Lusaka Agreement, signed on December 9, 1976, in Lusaka, Zambia. This agreement created a framework for cooperation among African states in matters of intellectual property (IP) to enhance regional collaboration and harmonization of IP laws.

ARIPO aims to promote the protection of intellectual property rights (IPR) across its member states, providing a platform for capacity building, policy development, and a unified approach to IP management. It serves as a central body through which member states can collectively administer and coordinate IP matters, strengthening their position in the global IP landscape.

The Banjul Protocol on Marks, adopted in 1993 in Banjul, The Gambia, is a critical instrument under ARIPO's operations. This protocol allows trademark owners to file a single application for trademark registration, which can extend protection across multiple ARIPO member states, simplifying and streamlining the process. The Banjul Protocol addresses the complexities of obtaining trademark protection in multiple jurisdictions by offering a centralized system that ensures efficiency and reduces costs. It enhances cross-border IP protection within ARIPO’s framework, encouraging trade, investment, and innovation within the region.

Member States to ARIPO and the Banjul Protocol

There are currently 22 Member States to the ARIPO, and these include: Botswana, Cape Verde, Ghana, Kenya, Kingdom of Eswatini (formerly Swaziland), Kingdom of Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, S?o Tomé and Príncipe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, The Gambia, Uganda, Zambia and Zimbabwe.

With respect to the registration, recognition and enforcement of Trademarks under the ARIPO system, it is important to note that only the following 13 member states have ratified and given effect to the Banjul Protocol: Botswana, Eswatini (formerly Swaziland), Lesotho, Liberia, Malawi, Namibia, Rwanda, S?o Tomé and Príncipe, Sierra Leone, Tanzania, Uganda, Zambia and Zimbabwe.

Registration Processes and Timelines at ARIPO

The registration process at ARIPO is straightforward and has been streamlined to provide Applicants with the ease of pursuing their trademark registration in Member States. It involves:

1. Filing an Application: Applicants submit a single trademark application directly to the ARIPO. The application must designate the ARIPO member states where trademark protection is sought.
2. Examination: ARIPO conducts a formal examination to ensure that the application meets the procedural requirements, such as applicant address, reproduction of the mark sought to be registered and the proper classification of goods and services. It does not examine for substantive issues like conflicts with existing marks.
3. National Examination: ARIPO thereafter forwards the application to the National offices of each designated state for substantive examination. Each designated member state conducts its own substantive examination of the trademark, checking for conflicts with prior trademarks or compliance with local laws. If no issues arise, the designated states inform ARIPO of their acceptance to the registration of the mark.
4. Publication and Opposition: Once the application passes the formal and substantive examination stages, it is then published in the ARIPO Marks Journal for a statutory period of 3 months. This allows third parties in designated member states to oppose the application within the statutory period, if they believe there is a conflict.
5. Registration and Renewal: Upon expiry of the publication/advertisement period, ARIPO issues a certificate of registration to the applicant pursuant to the payment of a registration fee. The trademark is thereafter valid for ten years from the filing date and can be renewed indefinitely for further ten-year periods, subject to payment of renewal fees.

The timeline associated with registration of trademarks at ARIPO is usually 12-15 months, which may however vary subject to any opposition during the publication stage.

Conclusion

For individuals and international corporate organizations seeking to set up Businesses in Africa, the ARIPO offers a streamlined and cost-effective manner in which to register and protect your trademarks.

For more information on the legal and statutory costs associated with the registration of trademarks at ARIPO, please reach out to me @ [email protected] , and I will be able to provide a tailored quotation subject to the number of Member states you wish to have your mark registered.