The African Regional Intellectual Property Organization (ARIPO) has revised its regulations in the field of trade mark law. Since 1 March 2026, new rules have been in force under the Banjul Protocol, which primarily concern higher fees and shorter time limits for trade mark proceedings.
Functions of ARIPO
ARIPO is an association of predominantly English-speaking African states that cooperate in the field of intellectual property. Among other things, the organization accepts applications for patents, trade marks, utility models and designs. There are also regulations governing the protection of plant varieties and traditional knowledge.
Member States of ARIPO
The 22 member states of ARIPO include: Botswana, Cabo Verde, Eswatini, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia, Zimbabwe and the Seychelles.
Fees and procedures updated
As part of these changes, the costs of various services have been increased. This affects, amongst other things:
- New applications
- Designation(s) of additional trademark classifications
- Additional fees for extensive descriptions of goods
- Registrations/certifications
- Search reports
- Applications for extensions of time
In addition, further new fees have been introduced. These include, in particular, an additional transmission fee for opposition notices. In future, it will therefore no longer be sufficient simply to file an opposition within the time limit – the corresponding payment must also have been received by ARIPO within that time limit. If payment is late, the opposition will be treated as having been filed out of time.
Further new costs also arise in connection with the issue of a paper copy of the registration certificate and in the case of appeals.
Shorter time limits for trade mark applications
In addition to the changes to fees, several procedural time limits have also been shortened. In future, ARIPO member states will have only six months, rather than nine, to examine trade mark applications. The time limit for filing an opposition against trade mark applications, however, remains unchanged at three months.
Once the opposition period has expired, applicants must pay the required fees within three months instead of the previous twelve months. If this deadline is missed, the application is deemed to have been abandoned.
A new provision has also been introduced allowing for the withdrawal of an opposition as part of alternative dispute resolution. This is intended to enable disputes to be resolved more quickly if the parties involved reach an out-of-court settlement.
The Banjul Protocol forms the legal basis for trade mark law within ARIPO. However, the agreement has so far been signed by only 13 of the 22 member states. In the remaining states, trade mark applications continue to be governed exclusively by national regulations.
Source: GTAI (in German)
