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Trademark registration through ARIPO
For companies planning to conduct commercial activities in African countries, trademark registration becomes an important tool for legal protection. In this region, there are several options for protecting IP rights - through regional organizations ARIPO - the African Regional Intellectual Property Organization, or OAPI - the African Organization for Intellectual Property, as well as the possibility of direct filing an application through the national IP office of a particular country.
Table of Contents
Who needs a trademark (TM) in Africa?
Trademark registration in Africa is relevant for:
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Companies seeking to enter the African market, as they will be able to legally protect their exclusive brand rights by registering their trademark.
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Mining and raw materials companies. It should be noted that in many countries in the region, mining is considered a leading industry. Registering a trademark will protect the corporate name, project brand, or service division, especially in the context of partnerships with government agencies, contractors, and investors.
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For manufacturers and exporters. This will help protect your reputation and exclusive right to use your trademark.
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For franchise owners and licensees.
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IT companies and online services. If a company operates online, legal brand protection is necessary even if the product becomes recognizable among users in the relevant countries.
Which countries are members of regional organizations?
Submitting an application through regional organizations can significantly reduce registration costs and streamline the process in terms of legal procedures and preparation of the necessary documents. Furthermore, a major advantage is the relatively broad coverage of the two currently available organizations. For example , ARIPO includes countries such as Botswana, Cape Verde, Ghana, Kenya, Eswatini, Lesotho, Liberia, Malawi, Mozambique, Namibia, and Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Gambia, Uganda, Zambia, and Zimbabwe. Mauritius is also a member of the organization for all IP objects except trademarks, as it has not signed the Banjul Protocol.
The OAPI includes Benin, Burkina Faso, Cameroon, Central Africa, Comoros, Congo, Côte d'Ivoire, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Chad, and Togo. The OAPI is also a party to the Madrid Agreement, which significantly simplifies the application of this trademark.
Why do you need a trademark (TM)?
It must be noted that the main advantage of registering a TM in Africa - the possibility of filing through regional organizations - ARIPO and OAPI, in which One application covers several countries at the same time.
A registered trademark is a signal to partners, clients, investors, and government agencies that a business operates legally and takes the legal protection of its intellectual property seriously.
In some cases, having a registered trademark is a prerequisite for concluding distribution, franchising, or licensing agreements in countries across the continent. Without registration, it is impossible to effectively protect your interests in court or assert exclusive rights to the brand.
TM registration procedure
Procedure carried out in accordance with applicable law and grants the owner exclusive rights to use the mark in selected countries, or in ARIPO/OAPI jurisdictions, depending on the choice. Let's look at the registration steps.
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Preparing an ApplicationCollect all necessary information and documents before submission.
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Filing the ApplicationYou can file through the patent office of one of the countries, or directly through online filing with a regional organization. The application must be submitted in English.
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Formal ExaminationNext comes a formal, primary examination, where the compliance of the design and payment of fees is checked.
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Substantive ExaminationAssesses the application to ensure it meets all legal requirements for trademark registration.
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Trademark Publication in the Official BulletinIf the application has been verified and no refusals have been received, the mark is published in the Official Bulletin.
Registration is valid for 10 years from the date of filing in the vast majority of jurisdictions and may be renewed for subsequent 10- year periods.
Required information and documents
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Name of the applicant (individual or legal entity).
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Legal address.
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Trademark image.
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List of goods and / or services according to the Nice classification.
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ARIPO countries requiring protection.
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Document confirming priority (if the application is filed with conventional priority).
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Power of attorney, if the application is submitted through a representative.
Our services for trademark registration in Africa
Law&Trust International offers a comprehensive solution:
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Full brand audit - risk analysis and recommendations for adapting the name for the local market.
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In-depth search - search for identical and confusingly similar TM.
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Preparation of documents - filling out the necessary forms, translation of documentation (if necessary), notary services.
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Legal support.
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Violation Monitoring - a program for identifying counterfeit goods after registration.
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Renewal of rights - reminder and support for renewal 6 months before expiration.
