ARIPO & THE BANJUL PROTOCOL

By Abhishek Chandok and Priyanka Gambhir

What Every Brand Owner Expanding into Africa Needs to Know

Africa is becoming an increasingly important market for global brands. With a combined GDP of more than USD 3 trillion, a fast-growing urban middle class, and stronger regional trade driven by the African Continental Free Trade Area (AfCFTA), the continent offers significant opportunities for business expansion.

However, trademark protection has not always kept pace with this growth. Until recently, securing and managing trademark rights across Africa could be complex, creating challenges for businesses looking to protect their brands as they expand into new markets.

That is now changing rapidly. On March 01, 2026, the amended Banjul Protocol on Marks under the African Regional Intellectual Property Organization (ARIPO) came into force, introducing the most significant reforms to ARIPO’s trademark system in decades. For businesses, brand owners, and advisors with interests in the ARIPO region, these changes are more than just a regulatory update. They mark an important shift in how trademarks can be protected and managed across multiple African markets, creating new opportunities for more effective brand protection.

What Is ARIPO and Why Does It Matter?

ARIPO is the pan-African intellectual property organisation established in 1976 under the Lusaka Agreement. Today, it serves 22 member states across sub-Saharan Africa from Botswana and Ghana to Zimbabwe, Mozambique, and Rwanda. For trademark owners, ARIPO offers a single-application gateway to multi-country protection across the region.

ARIPO’s 22 Member States (Banjul Protocol Designations Available)

Note: Not all member states designate all protocols. Confirm designation availability per filing.

The Banjul Protocol governs the registration of trademarks across ARIPO member states. A single application to the ARIPO office in Harare, Zimbabwe, can secure protection in multiple designated states simultaneously without the cost and administrative burden of filing individually in each country. The 2026 amendments now make this system faster, more transparent, and better aligned with international standards.

The 2026 Amendments: What Has Changed?

The ARIPO Director General formally announced the amendments to the Banjul Protocol Implementing Regulations, effective from March 01, 2026. These changes apply to all new applications, pending applications, and existing registrations. The 2026 Edition forms are now mandatory for all filings.

FASTER TIMELINES: LEGAL CERTAINTY SOONER

One of the most operationally significant changes is the reduction of the provisional refusal window. Designated states must now issue any provisional refusal within 6 months from ARIPO’s notification date down from the previous 9 months. This single change has an outsized effect on how quickly applicants can achieve enforceable trademark rights across the region.
- Faster confirmation of acceptance = faster market entry
- Faster refusals = quicker identification of conflicts, enabling prompt appeals or negotiation
- Reduced uncertainty in portfolio planning cycles
EXHIBITION PRIORITY: A NEW STRATEGIC TOOL

For the first time under the Banjul Protocol, applicants can claim a 6-month priority right based on a mark’s display at an officially recognised international exhibition. This is a meaningful development for brands that launch at trade fairs, exhibitions, or industry events in ARIPO territories protecting first-use claims from the date of public display.
MODERNISED ELECTRONIC FILING FRAMEWORK

The ARIPO Online Filing platform now has an expanded and formally codified set of rules under the revised Implementing Regulations. Accepted file formats are specified, time limits for electronic submissions are clarified, and the platform is positioned as the preferred channel for new filings incentivised by a discounted fee structure.
RESTRUCTURED OPPOSITION PROCEEDINGS

Opposition proceedings a critical mechanism for protecting registered marks from conflicting applications have been restructured for improved coordination between the ARIPO office and designated states. Key changes include:
- A new US$100 transmittal fee for oppositions
- Formal options for withdrawal following Alternative Dispute Resolution (ADR) settlement, where national laws permit
- Clearer timelines and procedures at each stage of the opposition process
ADMINISTRATIVE & LANGUAGE CLARITY

The amendments also consolidate and clarify the administrative framework: time limit computation rules are now more detailed and unambiguous, and English is formally confirmed as the official language of all ARIPO proceedings reducing ambiguity in multinational filings.

Revised Fee Schedule (Effective from March 1st, 2026)

ARIPO has implemented a broad fee revision across all filing stages. The adjustments reflect the organisation’s investment in improved service delivery and system modernisation. The new fee structure is as follows:

Fee Item	Previous (USD)	Revised (USD)
Application fee – Paper filing	US$100	US$200
Application fee – Electronic filing	US$80	US$160
Designation per state (per additional class)	US$10	US$20
Registration per state (first class)	US$100	US$150
Renewal per state (first class)	US$100	US$200
Extra word fee (beyond 50 words)	US$5	US$10
Opposition transmittal fee	–	US$100 (new)

All fees are denominated in USD. Additional fees may apply for hard copy certificates, searches, certified copies, and recordal of changes.

What This Means for Your Brand Portfolio

The 2026 amendments are not merely administrative housekeeping. They represent a recalibration of the ARIPO system toward a more commercially responsive, internationally aligned trademark regime. Here is what trademark owners and their advisors should be doing now:

Pending applications: Review current prosecution status in light of the new 6-month refusal window, earlier examiner responses may require accelerated client instructions.
Upcoming renewals: The renewal fee has doubled per state per class. Multi-state, multi-class portfolios should be audited now to identify which marks merit the renewed investment.
New filings: Switch to the mandatory 2026 Edition forms immediately. Filings on old forms will not be accepted.
Trade fair launches: If your brand will be displayed at an internationally recognised exhibition in ARIPO territories, a priority claim strategy should be planned before the event.
Budget planning: The across-the-board fee increases some doubling mean that multi-country ARIPO coverage now requires meaningful budget revision for 2026 and beyond.

The Bigger Picture: Why Africa, Why Now?

Africa is home to six of the world’s ten fastest-growing economies. The African Continental Free Trade Area is progressively eliminating tariff barriers and harmonising trade rules across 54 countries. Consumer brand penetration in sub-Saharan Africa remains significantly lower than in mature markets which means brand owners who establish legal footholds now will be positioned well ahead of those who act later.

ARIPO is one of the most cost-effective multi-country trademark systems available globally. A single ARIPO filing can deliver protection across up to 10 designated states at a fraction of the cost of filing individually in each. The 2026 upgrades to the Banjul Protocol make that system more reliable and commercially credible than ever before.

Ready to Protect Your Brand in Africa?

SS Rana & Co. advises clients on trademark filings and portfolio management across ARIPO member states and the wider African continent including national filings in Nigeria, South Africa, Egypt, Morocco, and beyond.

For a portfolio review, filing strategy, or general guidance on ARIPO or African trademark matters: