<\/span><\/h2>\n\n\n\nAny individual, company, or legal person, either themself or through an authorized representative, can file for an ARIPO trademark. An authorized person is either a trademark agent or legal attorney\/practitioner recognized by the contracting states\u2019 national intellectual property office. They have the right to represent the application of the applicant. When the applicant is neither an ordinary resident nor has a principal place of business in any contracting state of ARIPO\u2019s Banjul Protocol, such an applicant must be represented while filing an application. Form M1 allows applicants to register a single or a series of trademarks under the protocol.<\/p>\n\n\n\n
With 12 of the 20 member states using the Banjul Protocol currently, it offers a centralized trademark registration procedure for the convenience of applicants. Trademark registration applications may be filed either with the ARIPO or the intellectual property office in a member state. Moreover, the applicant must designate the member state(s) where the registration is sought.<\/p>\n\n\n\n
If the applicant\/owner of the mark decides to file an application directly with ARIPO or through a member state\u2019s IP office, the organization conducts a formal examination before granting the IP rights. Suppose the application contains all the required information, including the correct applicant details, and goods and services that adhere to NICE classes, ARIPO will notify the national IP offices to conduct a comprehensive examination according to their rules and regulations.<\/p>\n\n\n\n
These national IP offices have nine months to perform a comprehensive examination to check the registrability of the mark. If the national IP office rejects the mark, they notify the same to ARIPO so that the organization can inform the applicant. When notifying the applicant, ARIPO also suggests possibilities for the applicant to take up the case with the national IP office.<\/p>\n\n\n\n
In case the national IP office does not share any information with the ARIPO within the stipulated time, then the application is presumed to be accepted, and the IGO proceeds to publish the mark in its official journal. Once the mark is published, the opposition period of three months begins. During this time, any individual, company or other third parties can file a notice of opposition if they find any infringement with their existing trademark.<\/p>\n\n\n\n
However, if there is no opposition and the applicant overcomes all other challenges, then the mark is eligible for registration in all countries where protection is sought. Once granted, trademark rights are valid for ten years from the application date.<\/p>\n\n\n\n