Trademark Registration in Africa Through Africa Regional Intellectual Property Organization, (ARIPO).
Currently, the State party to the Banjul Protocol which establishes ARIPO are:
Trademark Registration ARIPO.
ARIPO is mandated to register and administer registered Trademarks on behalf of the contracting states, under The Banjul Protocol which establishes a trademark application filing system along the lines of the Harare Protocol. An applicant may file a single application either at one of the Banjul Protocol Contracting States or directly with the ARIPO Office.
Although, the Protocol provide for the filing of a single application to cover one or more member states designated in the application, a trademark registration which results from such an application does not constitute a regional registration; its effect is that of a national registration in each designated country.
As the member countries of ARIPO have retained their national laws on trademarks which are applied to determine the registrability, enforcement and other administrative aspects of the trademark.
Trademark Search is not mandatory before filing under ARIPO, however, strongly recommended so as to ascertain the possibility of acceptance of a mark upon examination.
Trademark Registration Filling Requirements Under (ARIPO);
Application for registration of a trademark should be made on Form M1 (Application for registration of a mark or of a series of marks). The application form must contain the following:
- The applicant’s name and address
- Designation of the Banjul Protocol contracting state(s), the state where the mark shall be protected
- Corresponding class/ classes of the goods and / services in accordance with the Nice Classification
- Name(s) of colors(s) claimed if any) as a distinctive feature of the mark,
- A reproduction of the mark in the form of a two
- Dimensional, graphic or photographic reproduction,
- A declaration of a actual use or intention to use the mark
Trademark Registration Protection
Trademark Registration in ARIPO is valid for 10 years from the filing date of the application and thereafter the registration can be renewed for another 10 years upon payment of required fee. Renewal of a trademark registration can be done as long as the proprietor of the mark wants to protect it.