Trademarks in Africa: bringing clarity to a complicated picture

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Trademarks in Africa: bringing clarity to a complicated picture

Sponsored by

spoor-fisher-400px.png
globe-3559726.jpg

Matthew Costard and Nola Pontes of Spoor & Fisher Jersey look at some of the issues that arise with trademark searching in countries that form the continent of Africa

Not yet digital

There are still countries in Africa that have not yet digitised their trademark records. These are Burundi, the Democratic Republic of the Congo and Sierra Leone.

It may be digital, but is it complete?

The answer’s no – in the following African countries, electronic searches need to be supplemented by manual searches: Ghana, Nigeria, Sudan, Tanzania and Zimbabwe.

It should be noted that in Sudan, searches cannot be undertaken at present due to the ongoing unrest, but national trademarks are searched manually and international registrations electronically.

Restricted access to electronic databases

In Nigeria and Tanzania, access to the electronic database is restricted. In the case of Nigeria, the electronic register is incomplete, whereas in Tanzania, only Tanzanian nationals can access the records.

Madrid not showing

Ghana and Sierra Leone belong to the Madrid Protocol, yet international registrations designating these countries do not appear in the national databases.

Examination for prior rights

Prior rights examination does not occur in all of Africa, but it does (to a varying degree) in the following jurisdictions: Algeria, Angola, Botswana, Burundi, the Democratic Republic of the Congo, Egypt, Ethiopia, The Gambia, Ghana, Kenya, Libya, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Nigeria, the African Intellectual Property Organisation (or OAPI, the regional registration system that covers Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoros, the Republic of the Congo, Equatorial Guinea, Gabon, Guinea (Conakry), Guinea-Bissau, Côte d'Ivoire, Mali, Mauritania, Niger, Senegal and Togo), Rwanda, Seychelles, South Africa, Sudan, Tanzania, Uganda (where a pre-filing search is mandatory), Zambia and Zimbabwe.

It can be tricky in…

Madagascar, where the only recourse to a registry refusal is an appeal to a court of first instance, followed by a final decision by an appeal court; Sudan, where a registry refusal is likewise referred to a court; and Libya, where appeals must be submitted to a designated committee that has never convened.

Journals

In Africa, there is often a long delay between filing and publication – 24 months is not uncommon. This can make relying on published applications risky, particularly in the following jurisdictions: Ethiopia, The Gambia, Ghana, Libya, Malawi, Nigeria, OAPI, Sierra Leone, Sudan, Tanzania, Uganda, Zambia and Zimbabwe.

more from across site and SHARED ros bottom lb

More from across our site

While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Gift this article