Pre-filing clearances including availability searches that are based on a search of the available ARIPO trade mark databases
Pre-filing clearances including availability searches that are based on a search of the available ARIPO trade mark databases
Preparation of appropriate specifications of goods and services
Preparation and filing of trade mark applications and prosecution of the same until grant of registration
Renewals of trade mark registrations
Assignment, license and change of legal status recordals
Change of name, address and address for service recordals
The ARIPO trade mark system is based on the Banjul Protocol of Marks (the Banjul Protocol).
Presently 10 of the 18 ARIPO member states are subscribed to the Banjul Protocol namely:
Botswana, Kingdom of eSwatini (previously Swaziland), Lesotho, Liberia, Malawi, Namibia, Sao Tome & Principe, Uganda, Tanzania, and Zimbabwe (10 States).
ARIPO is constantly encouraging its non-subscribed members to accede to the Banjul Protocol to improve its appeal to trade mark proprietors who require extensive simultaneous regional trade mark protection in African states that are not covered by OAPI.
ARIPO official fees depend on the number of designated states as well as the number of designated classes. It is important to understand the pre-registration and post-registration implication of these costs fully prior to applying for registration so that if necessary, the number of state and class designations is limited on the outset to save costs.
Trade mark examinations are split into two parts. ARIPO conducts formality examinations only based on the Banjul Protocol and its implementing regulations. Each designated state has a period of nine (9) months from the transmittal date of an application by ARIPO in which to conduct substantive examination based on its national trade mark law.
Not all Banjul Protocol states have either incorporated the Banjul Protocol into their national laws or adapted it sufficiently their national laws to enable seamless integration of ARIPO trade marks into the framework of national trade marks. We encourage trade mark proprietors or instructing agents to invest in counsel with specialist knowledge of ARIPO trade marks to avoid making expensive mistakes.
Renewals, changes of name and address and correction of error applications are undertaken centrally in ARIPO.
Trade mark oppositions are problematic under the ARIPO trade mark system. It is advisable to invest in quality legal advice on this issue.