The African Regional Intellectual Property Organization (ARIPO) offers a centralized route for seeking trademark protection across multiple member states through the Banjul Protocol on Marks. This system is highly efficient for applicants seeking protection in several African countries, including Mainland Tanzania.
1. Overview of the ARIPO System
- Governing Instrument: The Banjul Protocol on Marks establishes the framework for a single trademark application designating multiple member states.
- Member States: The ARIPO system currently allows designation in approximately 12 countries that are signatories to the Banjul Protocol, including Tanzania (Mainland), Botswana, Lesotho, Malawi, Mozambique, Namibia, Uganda, and Zimbabwe, among others.
- Effect of Registration: A successful ARIPO registration does not create a single regional mark. Instead, it results in a bundle of national rights—the registration is legally equivalent to having filed and registered the mark in each designated country according to its national law.
2. The ARIPO Filing Process
An ARIPO application can be filed either directly with the ARIPO Office in Harare, Zimbabwe, or through the national Intellectual Property Office of any contracting state (e.g., BRELA in Tanzania) acting as a receiving office.
| Stage | Description | Key Requirement/Action |
| A. Application Filing | The applicant files a single application (ARIPO Form M1) with the ARIPO Office, specifying the classes of goods/services (Nice Classification) and designating the specific member states where protection is sought (e.g., designating “Tanzania”). | Must include designation of at least one Banjul Protocol member state. Foreign applicants must use an authorized representative. |
| B. Formal Examination | The ARIPO Office conducts a formal examination to ensure all documentation and formal requirements (such as the Power of Attorney and fees) are met. A filing date is accorded upon compliance. | Payment of ARIPO basic fees and designation fees (see below). |
| C. Substantive Examination | The ARIPO Office transmits the application to the Industrial Property Office of each designated member state (e.g., BRELA). Each designated office then conducts its own substantive examination based on its national trademark law. | Each designated state has a limited period (typically 12 months) to communicate an objection based on national law. |
| D. Publication and Opposition | If the application is accepted by all designated states, or after all objections are cleared, the mark is published in the ARIPO Journal. This begins the opposition period. | Opposition period is three (3) months from the date of publication. Oppositions must be filed at the relevant national office (not ARIPO). |
| E. Grant and Registration | If there is no opposition, or if the opposition is successfully resolved, the ARIPO Office registers the mark upon payment of the final registration fees. | Registration is valid for 10 years from the filing date and is renewable for further 10-year periods. |
3. Required Documents
- Application Form (ARIPO Form M1): Must be duly completed.
- Representation of the Mark: A clear drawing or reproduction of the mark.
- Power of Attorney: Simply signed (no legalization or notarization is required).
- List of Goods/Services: Classified according to the Nice Classification (multi-class applications are allowed).
- Priority Claim (if applicable): Certified copy of the priority document if claiming convention priority.
- Declaration: A declaration of actual use or intention to use the mark.
4. Official Fee Structure (Tentative, in USD)
ARIPO fees are payable in USD. The total cost is calculated based on the ARIPO filing fees plus the fees for each designated state and class.
| Fee Type | Amount (USD) | Notes |
| ARIPO Application Fee | $100 (Paper Filing) / $80 (E-Filing) | Paid once per application to ARIPO. |
| Designation Fee (Per State) | $50 for the first class, per designated state. | Paid to ARIPO for each country (e.g., Tanzania) and first class. |
| Additional Class Fee | $10 for every additional class, per designated state. | Paid to ARIPO for each class beyond the first. |
| Registration Fee | $100 for the first class, per designated state. | Paid to ARIPO upon successful grant of registration. |
| Renewal Fee | $100 for the first class, per designated state. | Paid to ARIPO for each 10-year renewal term. |
Important Note on Fees: The total fee for an ARIPO application covering multiple countries can be significantly lower than filing national applications in each country individually. However, applicants should always use a qualified IP agent to ensure proper designation and compliance with the national laws of each member state.
The Author
The Author Sunday Ndamugoba is a partner with the firm. He can be reachable at sunday@rive.co.tz
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. The content is a summary of the draft guidelines and should not be relied upon as a substitute for professional legal counsel. Clients should consult with a qualified legal professional to understand how these guidelines specifically apply to their business operations. RIVE& Co. disclaims all liability for any actions taken or not taken based on this information.