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Exploring Trademark Registration Requirements in selected African Countries

Thursday, September 7, 2023

The right to the enjoyment of a trademark is vested in the owner. The exclusive use and protection offered by the law to a trademark is not automatic, as a person seeking it is expected to conform to the requirements for registration before this right can accrue to such a mark.

A trademark is a symbol or logo, word or group of words that are used by their owners to represent their company, product, or other aspects of their trade. A trademark distinguishes goods and services offered by one undertaking from those offered by another, or even different classes of goods and services offered by the same company, person, or undertaking. As such, an important criterion for a trademark is that it must be distinctive. The right to the enjoyment of a trademark is vested in the owner.

The exclusive use and protection offered by the law to a trademark is not automatic, as a person seeking it is expected to conform to the requirements for registration before this right can accrue to such a mark. In other words, the law does not recognise or vest rights to the use of a mark merely by reason of long or consistent usage. This protection only arises upon the processing and registration of the symbol or logo, word, or group of words under the specified class or classes, after paying the prescribed fees or levies.

Due to the territorial nature of intellectual property rights, the process for registering a trademark is determined by the legislation of each country and some international treaties on the subject matter to which the countries are subscribed. This article outlines the laws and procedures for registering trademarks in selected African countries.

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