Important Amendments to the ARIPO Banjul Protocol on Trade Marks: What Brand Owners Need to Know

Important Amendments to the ARIPO Banjul Protocol on Trade Marks: What Brand Owners Need to Know

In late 2025, the Administrative Council of the African Regional Intellectual Property Organization (ARIPO) approved a series of substantial revisions to the Banjul Protocol on Marks. These changes were formally adopted following the Council’s 49th meeting and were confirmed through a notice issued on 8 December 2025.

The amendments extend beyond simple administrative updates. They introduce several regulatory and procedural adjustments that will affect how trade mark protection is obtained and managed across ARIPO member states.

The revised provisions, together with updated regulations, forms and fee schedules, will take effect on 1 March 2026. Once implemented, the new framework will apply to both pending matters and newly filed ARIPO trade mark applications.

Below is an overview of some of the most significant developments introduced by the amendments.

Increase in official fees

One of the most immediate practical consequences of the reforms is the revision of ARIPO’s official fee structure. The costs associated with filing applications, renewing registrations, and recording changes have increased noticeably.

Businesses intending to secure regional protection through ARIPO should therefore consider whether to file applications before the new fees apply or adjust their intellectual property budgets to accommodate the revised costs.

Reduced timeframe for national examination

Under the previous regime, designated member states had nine months to review ARIPO applications and raise any substantive objections. The amended system shortens this period to six months from the date on which the notification is sent to the national office.

Although the shorter timeframe is intended to accelerate the registration process, it may also create practical challenges for some national registries that operate with limited resources. In circumstances where an office fails to respond within the new timeframe, applications may move forward toward registration without substantive examination.

Introduction of exhibition priority

A notable innovation is the formal inclusion of exhibition priority within the Banjul Protocol framework.

This mechanism allows applicants to rely on the first public display of a mark at an officially recognised international exhibition as the basis for claiming priority. To benefit from this provision, the trade mark application must be filed within six months of the exhibition and supported by appropriate documentary evidence.

The change is particularly relevant for companies that introduce new brands at trade fairs, industry expos, or other international showcases, enabling them to align trade mark protection with marketing and market-entry activities.

Reorganisation of opposition procedures

The amendments also restructure the provisions governing opposition proceedings. The revised framework strengthens collaboration between ARIPO and the intellectual property offices of designated states.

While ARIPO remains the central administrative authority for communication and processing, opposition disputes may be determined in accordance with the domestic laws of the relevant member state. This approach seeks to balance regional coordination with respect for national legal systems.

Additional procedural updates

Further changes have been introduced to modernise ARIPO’s administrative processes. These include:

• broader provisions supporting electronic filing through ARIPO’s digital platform
• more detailed guidance on calculating procedural deadlines
• confirmation that English will serve as the official language for proceedings before ARIPO

Collectively, these measures are intended to simplify administrative procedures and reduce uncertainty for applicants and practitioners navigating the regional system.

Ongoing clarification of certain provisions

Despite the progress represented by these reforms, practitioners have identified several areas where further clarification may be required. ARIPO has acknowledged these concerns and has indicated that additional refinements and interpretive guidance are being considered.

Among the issues under review are:

• clarification that trade mark applications may cover both goods and services simultaneously
• adjustments relating to post-filing amendments, such as changes to the proprietor’s name or address and limitations to specifications or classes
• administrative guidance regarding the voluntary withdrawal of applications

Applicants should therefore proceed on the basis of the adopted amendments while remaining attentive to further guidance that ARIPO may issue.

A step toward modernising the ARIPO trade mark system

Overall, the revisions represent part of ARIPO’s broader initiative to enhance the effectiveness of its regional intellectual property framework. By modernising procedures and improving administrative clarity, the organisation aims to create a more efficient system for securing trade mark protection across multiple African jurisdictions.

Businesses seeking regional brand protection through ARIPO should carefully consider the implications of these changes when planning their filing strategies after 1 March 2026.