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ARIPO: complete guide to Trademark registration in Africa

The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization established on December 9, 1976, following the signature of the Lusaka Agreement in Zambia. ARIPO currently comprises 22 African member states and is headquartered in Harare, Zimbabwe. Its primary objective is to facilitate cooperation among member states in intellectual property matters, pooling financial and human resources to promote technological advancement for economic, social, technological, scientific, and industrial development.

ARIPO Member States

ARIPO administers several key protocols, including the Banjul Protocol on trademarks (1993) and the Harare Protocol on patents and industrial designs (1982). As of 2025, the organization has 22 member states:

The Banjul Protocol on Trademarks

The Banjul Protocol on Trademarks, adopted on November 19, 1993, in Banjul, The Gambia, entered into force on March 6, 1997, after three member states ratified it (Malawi, Swaziland, and Zimbabwe). The Protocol has been extensively amended since its adoption, with the most recent amendments occurring on November 25, 2022, to ensure compatibility with international standards.

Contracting States to the Banjul Protocol

Not all ARIPO member states have ratified the Banjul Protocol. As of 2025, the following 13 states are parties to the Protocol and permit trademark registration through the ARIPO system:

Some Banjul Protocol states have not yet incorporated the Protocol into their national laws, which may affect its enforceability. At present, Botswana, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, and Zimbabwe have fully implemented the Banjul Protocol provisions in their national legislation.

International Compatibility

The Banjul Protocol has been designed to be compatible with key international intellectual property agreements:

Trademark Registration Procedure

Eligibility and Representation

Any natural or legal person may file a trademark application with ARIPO, either directly or through an authorized representative. An authorized representative is defined as a trademark agent or legal practitioner duly recognized by the national industrial property office of a Banjul Protocol contracting state.

Representation Requirement: Where an applicant neither is an ordinary resident nor has a principal place of business in any of the Banjul Protocol contracting states, such applicant must be represented when filing an application. For example, French individuals or companies shall use the services of an authorized representative because France is not a party to the Banjul Protocol.

Filing Methods

Applications can be submitted through two routes:

Online applications receive a 20% reduction in official fees, making this the most cost-effective filing method.

Application Requirements

Applications must be filed on Form M1 (Application for registration of a mark or of a series of marks) and must contain the following mandatory elements:

All applications and proceedings must be conducted in English.

Nice Classification of Goods and Services

The Nice Classification, established by the Nice Agreement on June 15, 1957, is an international classification system for goods and services used for trademark registration. Administered by WIPO, the classification comprises 45 classes: Classes 1-34 cover goods, and Classes 35-45 cover services. The system is updated every five years, with annual versions published since 2013. The current version is the 13th Edition, Version 2026 (NCL 13-2026), effective January 1, 2026.

ARIPO accepts multiple-class applications, allowing applicants to claim protection for goods and services across multiple classes in a single application. However, fees are calculated per class designated.

Examination Process

The ARIPO examination process consists of two stages: formal examination by ARIPO and substantive examination by designated states.

Formal Examination by ARIPO

The ARIPO Office conducts a formal examination to determine whether the application meets the filing date requirements. ARIPO does not conduct substantive examination of the trademark or search for prior conflicting trademarks. Once the formal requirements are satisfied, ARIPO forwards the application to the designated member states.

Substantive Examination by Designated States

Designated states have between 9 and 12 months from the date of receipt of the application to conduct substantive examination according to their national laws. States may refuse registration based on:

If a designated state refuses registration, the applicant may request that the application be processed under the national laws of that specific state and may appeal the refusal according to national procedures.

Publication and Opposition

After examination, if no objections are raised by the designated states, the application is published in the ARIPO Marks Journal. Publication opens a three-month opposition period during which third parties may file opposition to the trademark registration.

Opposition proceedings are conducted before the national office of a designated state, not before ARIPO directly. Each designated state applies its national opposition procedures and laws.

Registration and Duration

If no opposition is filed within the three-month period, or if opposition proceedings are resolved in favor of the applicant, the trademark is registered. A registration certificate is issued within four months of the expiration of the opposition period.

Duration: Trademark registrations are valid for a period of ten years from the filing date and are renewable for successive ten-year periods.

Renewal: Renewal applications must be filed within 12 months prior to the expiration date or within 6 months after expiration upon payment of an additional late renewal fee.

Strategic Considerations for Trademark Protection in Africa

OAPI: Francophone Africa

The Organisation Africaine de la Propriété Intellectuelle (OAPI), or African Intellectual Property Organization, covers most francophone African countries. Established by the Bangui Agreement in 1977, OAPI provides a unified intellectual property system for 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Republic of the Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo.

Unlike ARIPO, which operates as a bundle of rights requiring enforcement in each designated state, OAPI provides a unitary system where a single registration automatically grants protection across all member states. OAPI is also a member of the Madrid Protocol system for international trademark registration.

Madrid Protocol System

Several African countries are members of the Madrid Protocol, which allows trademark owners to seek protection in multiple countries by filing a single international application. Madrid Protocol members in Africa include Kenya, Lesotho, Liberia, Mozambique, Namibia, Sierra Leone, Sudan, Eswatini, and others. ARIPO itself can also be designated under the Madrid Protocol for patents.

Applicants should consider whether using the Madrid Protocol, ARIPO regional filing, OAPI filing, or national filing best suits their business strategy and geographic coverage requirements.

Comprehensive Protection Strategy

Effective trademark protection in Africa requires a comprehensive strategy that considers:

For most comprehensive protection, applicants often file a combination of ARIPO applications (covering anglophone states), OAPI applications (covering francophone states), and national applications in key markets not covered by regional systems.

Enforcement of Trademark Rights

Enforcement of ARIPO trademark registrations occurs at the national level in each designated state according to that state’s laws. ARIPO does not provide a centralized enforcement mechanism. Trademark owners must enforce their rights separately in each country where infringement occurs.

Enforcement Mechanisms Available:

Assignment and Licensing

ARIPO trademark registrations may be assigned or licensed. Recordal of assignments and licenses can be made either at the national trademark offices of designated states or, where national law does not provide for such recordal, with the ARIPO Office.

Record all assignments and licenses promptly to establish clear ownership chains and ensure enforceability against third parties.

Stéphane Bellec avocat propriété intellectuelle


Stéphane Bellec, Attorney, Partner Cabinet De Baecque Bellec

Intellectual property attorney

sbellec@debaecque-avocats.com

Tél. + 33 (0) 1 53 29 90 00