ARIPO and the Banjul Protocol: Trademark Protection Across Africa for Kenyan Businesses

An ARIPO trademark Kenya application does not give a Kenyan brand owner protection in Kenya. Kenya is not a party to the Banjul Protocol on Marks, so it cannot be designated in an ARIPO mark application, and protection at home has to come from a national registration at the Kenya Industrial Property Institute (KIPI). Where the Banjul Protocol is useful is in extending a mark into other African markets. This guide explains how the system works and where its limits are.

What the Banjul Protocol covers

The Banjul Protocol on Marks was adopted by the ARIPO Administrative Council at Banjul, The Gambia, on 19 November 1993 and has been amended several times, most recently on 18 November 2025. It is separate from the Harare Protocol, which deals with patents, utility models and industrial designs. Kenya is a party to the Harare Protocol, but not to the Banjul Protocol.

The Protocol allows an applicant to designate only Contracting States, meaning a state that has ratified or acceded to the Protocol (sections 1(g), 14 and 15). According to the Protocol’s list as at 1 January 2026, the 13 Contracting States are Botswana, Cape Verde, Eswatini, The Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Uganda, Tanzania and Zimbabwe. Kenya is not on the list. Check the current list before you rely on it, because it changes as states accede.

How an ARIPO trademark application works for Kenyan businesses

An application designates one or more Contracting States (section 14(1)), and states can be added later under section 15. The ARIPO Office checks formal requirements and, if they are met, notifies the applicant and each designated state (section 25). Each designated state then examines the mark under its own national law (section 26).

A designated state may declare, before the prescribed period ends, that the registration has effect in its territory, has effect only on stated conditions, or has no effect, and it must give reasons for a refusal (section 27). Rule 21(1) of the Regulations sets that period at six months from the notification, and the applicant may ask for reconsideration within two months under rule 21(3). If no designated state communicates under section 27, section 27(3) says the application is considered accepted.

Why an ARIPO trademark Kenya filing does not cover Kenya

Because designation is limited to Contracting States, a Kenyan business cannot get Kenyan protection from an ARIPO trademark Kenya filing, whatever the applicant’s nationality. There is no strategic choice to make for the home market. The mark must be filed at KIPI under the Trade Marks Act, and the Banjul route only becomes relevant for the other states in the list above. For a deeper look at the home filing, see our guide to trademark registration in Kenya.

Ratification is not the same as enforceability

Membership of the Protocol does not guarantee that an ARIPO mark can be enforced in every designated state. In Lakairo Industries Group Co. Limited and 2 others v Kenafrica Industries Limited and 2 others (Civil Appeal No. 593 of 2022), [2025] TZCA 999, decided on 26 September 2025, the Court of Appeal of Tanzania held that marks registered through ARIPO were not enforceable in mainland Tanzania, because Tanzania had not domesticated the Banjul Protocol. According to the summary published by WIPO, exclusive trademark rights in mainland Tanzania arise only from registration under the domestic Trade and Service Marks Act.

The practical lesson is to take local advice before designating a state. Where a state has ratified the Protocol but not given it effect in its domestic law, a national filing in that state may be the safer way to secure enforceable rights.

Priority and the six-month window

A trademark filed at KIPI can form the basis for a priority claim abroad. Under the Paris Convention, the priority period for marks is six months from the first filing, so a Kenyan brand owner who files at KIPI first can then file in other countries, or through ARIPO for the Contracting States, and ask for the Kenyan filing date to count. Missing the six-month window can leave a gap in which a third party files first, so it is worth diarising the date on the day the Kenyan application is lodged.

Term and renewal

Under section 21 of the Banjul Protocol, an ARIPO mark is valid for 10 years from the filing date, and section 22 allows renewal for further 10-year periods on payment of the renewal fee. Check each designated state’s position on renewal and on use requirements, since the national law of the designated state still governs important questions such as cancellation (section 34(1)).

ARIPO and the Madrid System

Kenya is a contracting party to the Madrid Protocol, according to WIPO’s treaty records, so a mark can be extended from Kenya to other Madrid members through a single international application. This is different from ARIPO. The Madrid System can designate Kenya, and the Banjul Protocol cannot. A Kenyan business with regional ambitions will typically use KIPI for Kenya, the Banjul Protocol for the Contracting States it cares about, and the Madrid System for markets outside the ARIPO region. Treat these as three distinct tools, none of which replaces a Kenyan registration, and compare the cost of each route against the markets that matter to your business.

Frequently asked questions

This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.