17 February 2026

Last year, Von Seidels attended the 49^th Administrative Council meeting of the African Regional Intellectual Property Organization (ARIPO) in Ghana. Following discussions at the meeting, the Council issued a notice on 8 December 2025, announcing the formal adoption of extensive amendments to the Banjul Protocol on Marks, as well as its implementing regulations, prescribed forms and fees.

Beyond being a procedural update, these amendments introduce practical and strategic considerations for brand owners operating across ARIPO member states.

The changes will come into force on 1 March 2026 and will apply to both existing and new ARIPO trade mark applications and registrations.

We have summarised the key changes to the Banjul Protocol, below:

1. Revised official fees

The official fees for filings, renewals, recordals and related processes under the Banjul Protocol have increased significantly. Applicants interested in taking the ARIPO route may wish to consider securing protection under the current fee structure or revising their budgets to accommodate the higher costs applicable from 1 March 2026.

2. Shorter examination timeline

The period for registries of designated states to examine applications and raise substantive objections has been reduced from nine to six months from notification. While this should lead to faster prosecution timelines, it increases the risk of applications proceeding to registration by default in member states that are not yet fully capable of meeting the required examination timeframe.

3. Recognition of exhibition priority

The new edition of the Banjul Protocol and Regulations formally recognises exhibition priority, which allows applicants to claim priority based on the first display of marks at official international exhibitions, provided the application is filed within six months and supported by the required evidence. This development may be especially advantageous for businesses launching new brands at trade fairs, expos or cross-border commercial showcases, enabling earlier protection aligned with market-entry strategies.

4. Restructure of provisions relating to opposition proceedings

Sections of the Banjul Protocol relating to opposition procedures have also been reorganised. These revisions support closer cooperation between ARIPO and designated states by allowing matters to be determined in accordance with national laws, while maintaining ARIPO as the central point of communication. In practice, this promotes both local legal compliance and regional transparency, whilst preserving consistency in disputes across multiple designated states.

In addition, other revisions introduce expanded provisions for electronic filing through ARIPO’s online platform, more detailed rules on the computation of time limits, and express confirmation that English is the language of proceedings before ARIPO.  These measures should ultimately reduce procedural uncertainty and create a more predictable administrative environment for applicants.

While these amendments are largely aimed at improving the efficiency and usability of the regional system, legal practitioners have raised certain practical concerns regarding the drafting, interpretation and operation of specific provisions in the amended Banjul Protocol. ARIPO is aware of these issues and has indicated that clarifications and further amendments are being considered, including:-

• wording adjustments to confirm that applications may cover both goods and/or services (and not either goods or services);
• refinements to rules dealing with post-filing amendments, such as changes of name and address of the proprietor, as well as reduction of classes or limitation of specifications; and
• administrative guidance on the voluntary withdrawal of trade mark applications.

Applicants should therefore proceed on the basis of the adopted text, keeping in mind that ARIPO is attending to further amendments and administrative instructions are forthcoming.

Overall, these amendments form part of a broader effort to modernise the ARIPO framework, streamline procedures and bring greater clarity to the prosecution and administration of ARIPO marks.

The Von Seidels Africa team is closely monitoring these developments and is ready to assist applicants interested in expanding into the ARIPO territory.

You are welcome to contact us for further guidance on how best to navigate the amended Banjul Protocol.