Trademark Registration in Africa: ARIPO vs OAPI
Businesses and investors seeking trademark protection in Africa must choose between two regional systems. The African Regional Intellectual Property Organization (ARIPO) administers the Banjul Protocol for 12 anglophone and lusophone states, while the African Intellectual Property Organization (OAPI) manages the Bangui Agreement for 17 francophone countries. This article compares their key features using official sources.
Regional context
The Banjul Protocol allows applicants to submit a single application and designate only the countries in which they seek protection. It currently covers twelve anglophone and lusophone states, including Botswana, Cabo Verde, Eswatini, The Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé & Príncipe, Tanzania, Uganda and Zimbabwe. The Bangui Agreement takes the opposite approach: an OAPI registration automatically covers all 17 francophone countries – namely Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Côte d’Ivoire, Gabon, Guinea, Guinea‑Bissau, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Togo and the Comoros.
ARIPO trademark registration
Application requirements and filing
Any natural or legal person may apply through ARIPO. Applicants who do not live or have a business in a member state must appoint a registered agent. Form M1 requires the applicant’s details, designated states, classes, colours claimed, a representation of the mark and a declaration of use or intent. Forms may be filed electronically, by e‑mail or through a national office.
Fee structure
ARIPO fees are charged per designated country. The Banjul Protocol fee schedule lists an application fee of USD 100 (or USD 80 when e‑filed) plus USD 50 for the first class and USD 10 per additional class in each designated state. When the mark is granted, the applicant pays the same amounts as registration fees. Ten‑year renewals mirror the registration fees, and late renewals during the six‑month grace period incur a 20 % surcharge. Because fees are levied per country, applicants can manage costs by designating only the markets of interest.
| ARIPO fee type | Amount (USD) | Notes |
| Application fee | 100 (80 for e‑filing) | Paid once per application |
| Class fee | 50 for the first class; 10 for each additional class per state | Payable for each designated state |
| Registration and renewal fee | 100 for the first class; 50 per additional class | Due upon grant and every ten years |
| Late renewal surcharge | 20 % of renewal fee | Applies during six‑month grace period |
Duration and renewal
Under ARIPO rules a trademark is valid for ten years from the application date. The owner may renew the registration for successive ten‑year terms by paying the renewal fee. Renewal should be filed in the last six months of the term, though the grace period permits late renewal with a surcharge. Unlike some national systems, ARIPO does not require proof of use at renewal.
Registration procedure
After filing and fee payment, ARIPO checks formalities and forwards the application to the designated countries. Each national office may refuse protection. Accepted applications are published for opposition (typically three months). If no opposition succeeds, ARIPO registers the mark and issues a certificate.
OAPI trademark registration
Centralised system and coverage
OAPI provides a unitary registration covering all 17 member states. Article 11 of the Bangui Agreement stipulates that OAPI registers, publishes and administers trademarks and that registered marks have effect in each member state. Applicants cannot choose specific countries; one filing covers the entire territory. Applications may be submitted at OAPI’s headquarters or through national liaison offices, and electronic filing is available.
Renewal and use requirements
A registered OAPI trademark remains valid for ten years from the filing date. Renewal applications must be filed during the last year of the term; late renewal during the six‑month grace period attracts a surcharge. OAPI does not re‑examine the mark or allow changes. If a mark is not used for five consecutive years, any person may request cancellation. The owner must show genuine use, and use by licensees counts.
Fees and payment
Official fee amounts are not widely published, and the Bangui Agreement states that fees must be paid solely to OAPI. WIPO’s list of individual fees under the Madrid Protocol suggests that an OAPI designation costs CHF 572 for the first class and CHF 119 per additional class, which covers protection in all 17 states.
Procedure at OAPI
Applicants often perform a paid search to check for identical or similar marks. Applications must include the applicant’s details, a representation of the mark and a list of goods/services, along with proof of fee payment. After filing, OAPI examines the application, publishes it for opposition and registers the mark if no opposition succeeds. Owners must ensure the mark is used in at least one member state to avoid cancellation.
Comparing ARIPO and OAPI
Both systems share a ten‑year term and allow indefinite renewal, but they differ on coverage, cost and use requirements. ARIPO allows applicants to choose individual member states, so fees are paid per country and per class. This makes it economical for companies targeting a few anglophone markets. OAPI provides unitary protection across 17 francophone countries. A single fee covers all states, which is beneficial for businesses seeking broad coverage but unnecessary for smaller ventures. ARIPO does not require proof of use at renewal, whereas OAPI marks may be cancelled if they are unused for five years. Both systems require non‑residents to appoint a local agent. Language can influence costs: ARIPO proceedings are in English (with some Portuguese in Mozambique and Cabo Verde), while OAPI operates in French, though it accepts English submissions. Applicants must budget for translations and agent fees accordingly.
Typical timeline
Processing times vary, but applicants can expect a similar sequence in both systems. After filing and fee payment, the office conducts formal checks and (for ARIPO) forwards the application to designated countries. Accepted applications are published and third parties have a short period (around three months at ARIPO, six months at OAPI) to oppose. In the absence of opposition, registration is typically completed within a year. Owners should note the renewal deadline ten years from the filing date.
FAQ
How long does protection last? Both ARIPO and OAPI registrations last for ten years from the filing date and may be renewed indefinitely for successive ten‑year terms.
Can I choose specific countries with OAPI? No. An OAPI registration automatically covers all member states.
Do I need an agent? Yes. Applicants who are not resident in a member state must appoint an authorised trademark agent.
What if I don’t use my OAPI mark? Any person may petition for cancellation if a mark is unused for five consecutive years. Use by a licensee counts if endorsed by the owner.
How much are renewal fees? ARIPO renewal fees equal registration fees (USD 100 for the first class and USD 50 per additional class per country). OAPI renewal fees must be paid during the last year of the term and may attract a late surcharge.
Can I extend my mark through the Madrid Protocol? Yes. Both organisations participate in the Madrid system, allowing holders to seek protection in other countries. WIPO lists OAPI individual fees as CHF 572 for the first class and CHF 119 for each additional class.
What languages can I file in? ARIPO proceedings are conducted mainly in English, though Mozambique and Cabo Verde may use Portuguese. OAPI operates in French but accepts filings in English. Applicants who do not use these languages must hire a local agent.
This overview highlights the principal differences between the two regional systems. ARIPO offers flexible, targeted protection, whereas OAPI provides broader coverage in one registration. Understanding costs, renewal rules, and use obligations will help businesses design an appropriate trademark strategy.