Africa is a continent like no other and requires a different skill set and understanding. It runs on its own timeframe and in its own way and having an experienced legal partner is key to successfully doing business on this complex yet exciting continent that is filled with opportunity.
Considering that there are 58 countries in Africa, with a population of approximately 800 million, it is no surprise that the region has become a focal point for commercial expansion. At the same time, each country has its own set of intellectual property laws, with their own respective origins.
KISCH IP has developed – over the last 147 years – extensive knowledge and experience of the various legal systems and structures throughout Africa.
Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services.
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ARIPO Trade Marks Include:
Botswana
Equatorial Guinea
Eswatini (Formerly Swaziland)
Lesotho
Liberia
Malawi
Namibia
Sao Tome & Principe
Tanzania
Uganda
Zanzibar
Zimbabwe
International Arrangements
OAPI is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property and it is possible to claim priority under the Paris Convention.
Although OAPI is a member of the Madrid System, it has not amended its governing legislation required to give effect to the Madrid System and it is therefore questionable whether international registrations designating OAPI are actually enforceable in its member states.
Classification
OAPI follows a multi-class filing system in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. There is no procedure for opposition of trade mark applications in OAPI.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in OAPI.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – Yes
Madrid – Yes, but enforceability questionable
Service Classes – Yes
Nice Classification – 11th Edition
Well-known trade marks recognised? Yes
International Arrangements
Algeria is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Algeria follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 48 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. There is no provision for opposition proceedings.
Common Law and Well-Known Trade Marks
Algeria is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Algeria.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
Benin is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Benin.
Benin is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Benin
International Arrangements
Botswana is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Botswana is a signatory to the Madrid System and has amended its local legislation to cater for the administration of international registrations therefore making it an effective jurisdiction for designation in an international registration.
Classification
Botswana follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade mark rights are recognised in Botswana in relation to trade names.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
Burkina Faso is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Burkina Faso.
Burkina Faso is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Burkina Faso.
International Arrangements
Burundi is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Burundi follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 4 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. It is possible to oppose a trade mark within 30 days of the date of publication.
Common Law and Well-Known Trade Marks
Burundi is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Burundi.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
International Arrangements
Cape Verde is not a party to the Paris Convention for Protection of Industrial Property, however, it is possible to claim priority under the Paris Convention.
Cape Verde is a member of ARIPO and a signatory to the Banjul Protocol, however, National legislation does not yet recognise ARIPO trade marks. Enforceability of ARIPO trade marks in Cape Verde is therefore questionable at this stage.
Cape Verde is a signatory to the Madrid System but has not yet amended its national legislation to give effect to the Madrid system and the enforceability of International Registrations designating Cape Verde is therefore questionable.
Classification
Cape Verde follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. It is possible to oppose a trade mark within 2 months of the date of publication.
Common Law and Well-Known Trade Marks
Cape Verde is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Cape Verde.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
Cameroon is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Cameroon.
Cameroon is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Cameroon.
CAR is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in CAR.
CAR is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in CAR.
Chad is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Chad.
Chad is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Chad.
Comoros is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Comoros.
Ivory Coast is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Ivory Coast.
International Arrangements
DRC is a party to the Paris Convention for Protection of Industrial Property and it is possible to claim priority under the Paris Convention.
Classification
DRC follows a multi-class filing system and recognises both goods and services classes in terms of the 11th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. There is no provision for opposition proceedings, however an interested party, including the Public Minister, may invoke the nullity (in other words, apply for cancellation) of a mark on the ground that it should not have been registered in the first place.
Common Law and Well-Known Trade Marks
DRC is a first to file jurisdiction and common law trade mark rights are not recognised, except in limited and exceptional cases. Well-known trade marks are also not specifically recognised in the DRC.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 11th Edition
Well-known trade marks recognised? No specific provision
International Arrangements
Djibouti is a party to the Paris Convention for Protection of Industrial Property, however, the law contains no provision for claiming priority under the Paris Convention. It is therefore uncertain whether priority can be claimed, but in practice the Registrar does take priority claims into account.
Classification
Djibouti follows a multi-class filing system and recognises both goods and services classes in terms of the 11th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 1 month. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after registration. There is no provision for opposition proceedings.
Common Law and Well-Known Trade Marks
Djibouti is a first to file jurisdiction and common law trade mark rights are not recognised. Well-known trade marks in terms of the Paris Convention are recognised.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 11th Edition
Well-known trade marks recognised? Yes
International Arrangements
Djibouti is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 30 months of the earliest priority date.
National Law
Law No. 50/AN/09/6th L of July 19, 2009, on the Protection of Industrial Property.
Language Requirements
The official language of the Djiboutian Office of Industrial and Commercial Property (ODPIC) is French.
Excess Page or Claim Fees
No excess page or claim fees are payable.
Examination
Patent applications in Djibouti are subject to formal examination only by the Djiboutian Office of Industrial and Commercial Property (ODPIC).
Duration of Registration, and Renewal
The term of a patent in Djibouti is twenty (20) years from the effective filing date. Maintenance fees are payable in five (5) year periods.
International Arrangements
Egypt is a party to the Paris Convention for Protection of Industrial Property and it is possible to claim priority under the Paris Convention.
Egypt is a signatory to the Madrid System but has not yet amended its national legislation to give effect to the Madrid system and the enforceability of International Registrations designating Egypt is therefore questionable.
Classification
Egypt follows a multi-class filing system and recognises both goods and services classes in terms of the 10th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 60 days of the date of publication
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade mark rights are recognised in Egypt.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th Edition
Well-known trade marks recognised? Yes
International Arrangements
Egypt is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 30 months of the earliest priority date.
National Law
Law No. 82 of 2002 on the Protection of Intellectual Property Rights, amended up to Law No. 178 of 2020.
Language Requirements
The official language of the Egyptian Patent Office (EGPO) is Arabic.
Excess Page or Claim Fees
No excess page or claim fees are payable.
Examination
Patent applications in Egypt are subject to both formal and substantive examination by the Egyptian Patent Office (EGPO).
Duration of Registration, and Renewal
The term of a patent in Egypt is twenty (20) years from the effective filing date. Maintenance fees are payable annually, starting from the second (2nd) patent annuity.
Equatorial Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Equatorial Guinea.
Equatorial Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Equatorial Guinea.
There are no local IP laws in Eritrea and it is therefore not possible to file or register trade marks. There is some provision for the publication of cautionary notices, but the publication of cautionary notices has been suspended by the Eritrean government until further notice.
Eritrea has no operative intellectual property legislation or administrative framework for the protection of industrial property. Patent protection is not currently available in Eritrea.
(formerly Swaziland)
International Arrangements
Swaziland is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Despite having ratified the Banjul Protocol in 1997, national legislation giving effect to ARIPO trade marks has not yet been enacted. Enforceability of ARIPO trade marks in Eswatini is therefore questionable at this stage.
Although Swaziland is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Swaziland are enforceable in Swaziland.
Classification
Swaziland follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Swaziland.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
International Arrangements
None.
Classification
Ethiopia follows a multi-class filing system and recognises both goods and services classes in terms of the 10th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 25 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 60 days of the date of publication
Common Law and Well-Known Trade Marks
Ethiopia is a first to file jurisdiction. Common law trade mark rights are recognised although not specifically dealt with in terms of existing legislation. Well-known trade marks are also not specifically recognised in Ethiopia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 10th Edition
Well-known trade marks recognised? No
Gabon is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Gabon.
Gabon is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Gabon.
International Arrangements
Gambia is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Gambia is a member of ARIPO and a signatory to the Banjul Protocol, however, National legislation does not yet recognise ARIPO trade marks. Enforceability of ARIPO trade marks in Gambia is therefore questionable at this stage.
Classification
Gambia follows a multi-class filing system and recognises both goods and services classes in terms of the 11th Edition of the Nice Classification.
Registration Procedure
Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 3 months of the date of publication
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Gambia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 11th Edition
Well-known trade marks recognised? Yes
International Arrangements
Ghana is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention. Ghana is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Ghana via the ARIPO system.
Classification
Ghana follows a single class filing system and recognises both goods and services classes in terms of the 10th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 3 months of the date of publication
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Ghana.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid –Yes
Service Classes – Yes
Nice Classification – 10th Edition
Well-known trade marks recognised? Yes
Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Guinea.
Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Guinea.
Guinea-Bissau is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Guinea-Bissau.
Guinea-Bissau is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Guinea-Bissau.
International Arrangements
Kenya is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention. Kenya is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Kenya via the ARIPO system.
Classification
Kenya follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Kenya and although no specific provision is made for the protection of common law trade mark rights in the country’s local legislation, such rights are recognised in Kenya.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
International Arrangements
Lesotho is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Although Lesotho is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Lesotho are enforceable in Lesotho.
Classification
Lesotho follows a multi-class filing system and recognises both goods and services classes in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Lesotho.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
International Arrangements
Liberia is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Although Liberia is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Liberia are enforceable in Liberia.
Although Liberia is a signatory to the Banjul Protocol, and the Liberian IPO is issuing increasing numbers of notices of acceptance of ARIPO trade marks, the local legislation does not contain substantive provisions regarding ARIPO trade marks and enforceability of ARIPO trade marks in Liberia could be questionable at this stage.
Classification
Liberia follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 1 month. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Liberia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 15 years from the date of filing and may be renewed indefinitely for 15-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
International Arrangements
Libya is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Libya follows a single class filing system and recognises both goods and services classes in terms of the 11th Edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 36 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Libya.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 11th Edition
Well-known trade marks recognised? Yes
International Arrangements
Libya is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 30 months of the earliest priority date.
National Law
Law No. 8 of 1959 on Patents and Industrial Designs and Models.
Language Requirements
The official language of the Libyan authority for research Ministry of Higher Education and Scientific Research is Arabic.
Excess Page or Claim Fees
No excess page or claim fees are payable.
Examination
Patent applications in Libya are subject to both formal and substantive examination by the Libyan authority for research Ministry of Higher Education and Scientific Research.
Duration of Registration, and Renewal
The term of a patent in Libya is fifteen (15) years from the effective filing date. The validity of the patent may be extended for a further period of five (5) years provided that the Applicant proves that the invention has a unique importance and that the Applicant did not yield profits compatible to his efforts and expenses.
The term of patents relating to foodstuffs, medicines and pharmaceutical compositions in Libya is limited to ten (10) years.
Maintenance fees are payable annually after grant on the anniversary of the effective filing date
International Arrangements
Madagascar is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Madagascar follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal and substantive requirements. There is no provision for opposition proceedings.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are not recognised in Madagascar.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? No
International Arrangements
Madagascar is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 30 months of the earliest priority date.
National Law
Ordinance No. 89-019 Establishing a Regime for the Protection of Industrial Property.
Language Requirements
The official language of the Malagasy Industrial Property Office Ministry of Industry, Trade and Craft (OMAPI) is French.
Excess Page or Claim Fees
Additional fees are payable for each claim in excess of ten (10) and each page of the Specification in excess of twenty (20).
Examination
Patent applications in Madagascar are subject to both formal and substantive examination by the Malagasy Industrial Property Office Ministry of Industry, Trade and Craft (OMAPI).
Duration of Registration, and Renewal
The term of a patent in Madagascar is fifteen (15) years from the effective filing date. The validity of the patent may be extended for a further period of five (5) years if national interest so demands and the invention is worked in the country in a serious and satisfactory manner.
Maintenance fees are payable annually, starting from the second (2nd) patent annuity.
International Arrangements
Malawi is a member of the Madrid System for international registration of marks and is party the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Malawi follows a multi-class filing system in terms of the 11th edition of the Nice Classification but does not recognise service classes.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Malawi.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – No
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
Mali is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Mali.
Mali is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Mali.
Mauritania is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Mauritania.
Mauritania is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Mauritania.
International Arrangements
Mauritius is a party the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Mauritius is also a member of the Madrid System for international registration of marks but has not yet amended its local legislation to cater for the administration of international registrations and the enforceability of international registrations designating Mauritius is therefore questionable.
Classification
Mauritius follows a multi-class filing system in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 36 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Mauritius.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
International Arrangements
Morocco is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Morocco follows a multi-class filing system in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 8 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Morocco.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
International Arrangements
Morocco is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 31 months of the earliest priority date.
National Law
Law No. 17-97 on the Protection of Industrial Property, as amended and supplemented by Laws 23-13 and 31-05.
Language Requirements
The official language of the Moroccan Office of Industrial and Commercial Property (OMPIC) is French.
Excess Page or Claim Fees
Additional fees are payable for each claim in excess of ten (10).
Examination
Patent applications in Morocco are subject to both formal and substantive examination by the Moroccan Office of Industrial and Commercial Property (OMPIC).
Duration of Registration, and Renewal
The term of a patent in Morocco is twenty (20) years from the effective filing date. Maintenance fees are payable annually after the acceptance notice is issued.
International Arrangements
Mozambique is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention. Mozambique is also a member of the African Regional Intellectual Property Organisation (ARIPO) and a signatory to the Banjul Protocol.
Classification
Mozambique follows a single class filing system in terms of the 12th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 3 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 30 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Mozambique.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter. Aside from renewal, it is necessary to file a declaration of use every 5 years.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 12th edition
Well-known trade marks recognised? Yes
International Arrangements
Namibia is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Namibia follows a multi-class filing system in terms of the 10th edition Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 6 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in Namibia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – Yes – 10th edition
Well-known trade marks recognised? Yes
Niger is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Niger.
Niger is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Niger.
International Arrangements
Nigeria is a party to the Paris Convention for Protection of Industrial Property, however, it is not possible to claim priority as Nigeria’s national trade mark legislation has not been amended to give effect to the Paris Convention.
Classification
Nigeria follows a single class filing system in terms of the 9th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 14 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are not recognised in Nigeria.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 9th Edition
Well-known trade marks recognised? No
International Arrangements
Nigeria is a contracting party to the Paris Convention and the Patent Cooperation Treaty (PCT). Patent protection may be obtained by filing a national application claiming convention priority, or by entering the national phase of a PCT international application within 30 months of the earliest priority date.
National Law
Patents and Designs Act, Cap. P2, Laws of the Federation of Nigeria of 2004.
Language Requirements
The official language of the Patents & Designs Office is English.
Excess Page or Claim Fees
No excess page or claim fees are payable.
Examination
Patent applications in Nigeria are subject to only formal examination by the Patents & Designs Office.
Duration of Registration, and Renewal
The term of a patent in Nigeria is twenty (20) years from the effective filing date. Maintenance fees are payable annually, starting from the first (1st) patent annuity.
Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Congo.
Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Congo.
International Arrangements
Rwanda is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention. Rwanda is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Rwanda via the ARIPO system.
Classification
Rwanda follows a multi-class filing system in terms of the 12th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 4 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 30 days from the date of publication, although there is some uncertainty around the length of the opposition period.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Rwanda.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 12th edition
Well-known trade marks recognised? Yes
International Arrangements
São Tomé is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Although São Tomé is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating São Tomé are enforceable in São Tomé.
Classification
São Tomé follows a multi-class filing system in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 10 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 90 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in São Tomé.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – Yes
OAPI – No
Madrid – Yes, but enforceability questionable
Service Classes – Yes
Nice Classification – 10th edition
Well-known trade marks recognised? Yes
Senegal is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Senegal.
Senegal is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Senegal.
International Arrangements
Seychelles is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Seychelles follows a single class filing system in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Seychelles.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – Yes – 10th edition
Well-known trade marks recognised? Yes
International Arrangements
Sierra Leone is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Although Sierra Leone is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Sierra Leone are enforceable in Sierra Leone.
Classification
Sierra Leone follows a single class filing system in terms of the 9th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are not recognised in Sierra Leone.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 14 years from the date of filing and may be renewed indefinitely for 14-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – Yes – 9th edition
Well-known trade marks recognised? Yes
There are no formal IP laws in place in Somalia, however, it is possible to file cautionary notices in local newspapers in the Somali language.
Somaliland declared independence from Somalia in 1991 and although it has not recognised as an independent state, there is a functional government in place. It is also possible to file cautionary notices in Somaliland.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – N/A
Nice Classification – N/A
Well-known trade marks recognised? N/A
International Arrangements
South Africa is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
South Africa follows a single class filing system and recognises both goods and service classes in terms of the 12th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 to 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in South Africa.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 12th Edition
Well-known trade marks recognised? Yes
South Sudan gained its independence from Sudan in 2011. Currently there is no legislation in South Sudan for the protection of trade marks and it is therefore not possible to register trade marks in this country.
International Arrangements
Sudan is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention. Sudan is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Sudan via the ARIPO system.
Although Sudan is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating Sudan are enforceable in Sudan.
Classification
Sudan follows a single class filing system and recognises both goods and service classes in terms of the 9th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 8 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Sudan.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes, but enforcement questionable
Service Classes – Yes
Nice Classification – 9th Edition
Well-known trade marks recognised? Yes
The United Republic of Tanzania comprises of Tanganyika, on the African mainland, and the island of Zanzibar (including Pemba). Although Tanzania is a United Republic, uniting Tanganyika and Zanzibar, Zanzibar retained its independence (in some areas), resulting in two separate legal systems. Therefore, intellectual property laws are handled separately in each of these territories. The registration process in Zanzibar is essentially the same as it is in Tanzania.
International Arrangements
Tanzania is a party the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
ARIPO’s official position is that the designation of Tanzania in an ARIPO application covers both mainland Tanganyika and Zanzibar, however, in practice, only the mainland IPO examines and publishes ARIPO applications.
Classification
Lesotho follows a single class filing system and recognises both goods and services classes in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 6 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Tanzania.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
ARIPO – Yes
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
Togo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate trade mark protection nationally in Togo.
Togo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to obtain separate patent protection nationally in Togo.
International Arrangements
Tunisia is a party the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Tunisia follows a multi-class filing system and recognises both goods and services classes in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 14 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Tunisia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
International Arrangements
Uganda is a member of the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Uganda has no specific ARIPO enabling legislation, but courts have inferred that ARIPO registrations designating Uganda would be enforceable.
Classification
Uganda follows a single class filing system and recognises both goods and services classes in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Uganda.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – No
Service Classes – Yes
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
Trade marks registered in Morocco automatically cover Western Sahara.
ARIPO – See Morocco
OAPI – See Morocco
Madrid – See Morocco
Service Classes – See Morocco
Nice Classification See Morocco
Well-known trade marks recognised? See Morocco
International Arrangements
Zambia is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Zambia via the ARIPO system. Zambia is a member of the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Zambia follows a single class filing system in terms of the international classification but does not recognise service classes.
Registration Procedure
The total time from filing to registration is approximately 8 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Zambia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 14-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – No
OAPI – No
Madrid – No
Service Classes – No
Nice Classification – 11th edition
Well-known trade marks recognised? Yes
International Arrangements
Zimbabwe is a party the Madrid System for International Registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Zimbabwe follows a single class filing system and recognises both goods and services classes in terms of the 8th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 16 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in Zimbabwe.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
ARIPO – Yes
OAPI – No
Madrid – Yes
Service Classes – Yes
Nice Classification – 8th edition
Well-known trade marks recognised? Yes
