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

Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
Gift this article