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 2025

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

Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Gift this article