The African Regional Industrial Property Organization was founded on December 9, 1976, and is a regional organization for English speaking countries in Africa to protect industrial property rights. The organization has 19 member countries, namely Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Liberia, Rwanda, Sao Tome and Principe, Somalia, Sudan, Eswatini, Tanzania, Uganda, Zambia and Zimbabwe.
The trademark registration system of the Industrial Property Organization in Africa is regulated by the Banjul Protocol. The Banjul Protocol was adopted in Banjul, the capital of Gambia, on November 19, 1993. After five revisions, it has grown to 11 contracting parties, namely: Botswana, Lesotho, Liberia, Malawi, Namibia, Sao Tome and Principe, Eswatini, Tanzania, Uganda, Zimbabwe and Mozambique.
The form of industrial property organizations in Africa is similar to the Madrid International Registration System, and when applying, it is necessary to specify the member state that wants to obtain protection and pay the corresponding fees.
(1) Required information and materials for application
1. Name and address of the applicant;
2. In the designated contracting state, the trademark applicant may designate one or more contracting states for registration in the trademark application;
3. The categories and specific items of goods/services that need to be protected, the trademark application of the African Industrial Property Organization implements a one table multi class system, and the same application can specify multiple categories of goods/services;
4. Trademark design;
5. Declare whether the trademark is actually used or intended for use;
6. Power of attorney.
(2) Application process
According to the Banjul Protocol, applicants can submit their applications to the intellectual property office of a contracting state to the Banjul Protocol, or directly to the African Regional Industrial Property Organization. After receiving a trademark application, the intellectual property office of a contracting state shall submit the application to the African Regional Industrial Property Organization within one month.
(3) Trademark application process
Submit an application for formal examination and acceptance of industrial property organizations in Africa, review by designated national authorities, announcement, approval and issuance of certificates. The entire registration process from submitting the application to obtaining the trademark registration certificate takes about 2-3 years.
(4) Validity period and renewal
The trademark registration of the Industrial Property Organization in Africa is valid for 10 years from the date of application.
Renewal can be applied for 1 year before the expiration of the validity period, with a grace period of 6 months. Each renewal can extend the validity period by 10 years.
At present, only 11 out of the 19 member countries of the African Regional Industrial Property Organization have joined the Banjul Protocol. Therefore, applying for trademark registration through the African Regional Industrial Property Organization can only designate the aforementioned 11 contracting countries.
However, at present, only Botswana, Liberia and Zimbabwe have made corresponding provisions on the Banjul Protocol in their trademark laws; Due to the lack of recognition and support from relevant domestic laws, the organization's registration in other member countries is difficult to obtain effective legal protection. Therefore, based on the current legal system and practical habits, it is recommended that the trademark protection of member countries of the African Regional Industrial Property Organization still adopt single country registration.