The African Regional Intellectual Property Organization (ARIPO) has recently formally approved a significant revision of the Banjul Protocol. This landmark reform, which will come into full effect on March 1, 2026, marks the entry of the regional trademark system covering 13 member states into a new phase of development.
This revision goes far beyond mere adjustments to individual clauses; it represents a systematic and structural modernization. The new version introduces profound optimizations in its framework logic, substantive rules, examination procedures, and fee structure, aiming to establish a clearer, more efficient, and digitally-adapted intellectual property protection framework.
Restructured Architecture
The new Protocol abandons the previous chapter-by-chapter numbering model and innovatively adopts a four-part structure: General Provisions, Registration of a Mark Application, Board of Appeal and its Procedures, and Final Provisions. This restructuring significantly enhances the systematic nature and ease of reference of the legal text.
Clarified Definitions
By precisely defining key terms, the new rules enhance legal certainty. For instance, it clearly delineates the scope of "legal entity", broadening the range of eligible applicants; formally introduces "ARIPO Mark" as a distinct term, highlighting its nature as a right; and defines "official exhibition", laying a legal foundation for claiming associated priority rights.
Optimized Procedures
Refined Application Standards: Requires descriptions of goods/services to meet a new standard of "sufficient clarity and precision".
Expedited Examination Timeline: The period for substantive examination feedback from Contracting States has been shortened from 9 months to 6 months, accelerating the overall registration process.
Opposition Process: Rigid yet Flexible: The statutory 3-month opposition period is now non-extendable, while an Alternative Dispute Resolution (ADR) mechanism has been introduced, encouraging parties to resolve disputes efficiently through settlement, thereby saving litigation and administrative costs.
Significant Fee Adjustments
The revision introduces important changes to several official fees, as summarized below:
Fee Item | 2023 Edition (USD) | 2026 Edition (USD) |
Application Fee (Electronic) | 80 | 160 |
Application Fee (Paper) | 100 | 200 |
Designation Fee (per class) | 50 | 50 (first class)
20 (each additional class) |
Registration Fee (per class) | 100 | 150 (first class)
50 (each additional class) |
Renewal Fee (per class) | 100 | 200 (first class)
100 (each additional class) |
Extra Word Fee for the good listing of each class (per word after 50th) | 5 | 10 |
Furthermore, the new rules for the first time explicitly establish an appeal fee set at USD 500, making the fee structure more comprehensive and transparent.
Institutional Innovations
Introduction of "Restoration of Rights" and "Further Processing": Provides a recourse mechanism for applicants with legitimate reasons, reflecting increased system flexibility.
Promotion and Refinement of Electronic Procedures: Clarifies the legal validity of electronic filing, communication, and signatures, aligning with the global digital transformation trend in IP management.
Independent Appeal Board Mechanism: The new version details the composition, tenure, rules of procedure, and functions of the Board of Appeal, establishing it as an independent, standing specialized body for legal remedy. Applicants can now appeal refusal decisions directly to this Board, and relevant procedures are stayed during the appeal, ensuring more robust protection of applicants' rights.
This comprehensive revision of the Banjul Protocol establishes a more modern, professional, and user-friendly regional trademark protection system. It holds crucial implications for all enterprises managing brand portfolios and operations within the relevant African member states.
Source: https://www.aripo.org/notice/Amendments+to+the+Banjul+Protocol+On+Marks-1765285475
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