Background & Context
Effective 1 March 2026, ARIPO has implemented a comprehensive revision of the Banjul Protocol on Marks, the first substantial update since the 2023 amendments, which themselves followed ARIPO’s commitment to undertake a structured, wholesale review of the Protocol. The 2026 revision mirrors the trajectory of the amendments made to the Harare Protocol on Patents and Industrial Designs earlier in 2025, signalling a deliberate, cross-instrument modernisation agenda at the Organisation. The revised framework, encompassing updated Implementing Regulations, prescribed Forms, and a restructured Official Fee Schedule, applies to all new, pending, and existing ARIPO trademark applications and registrations without exception.
The amendments introduce a streamlined four-part legal structure, formally define the term “ARIPO Mark” as a distinct legal concept, and confirm English as the sole language of proceedings before the ARIPO Office. Whilst these structural refinements enhance definitional clarity, it is the fee revisions and procedural changes that carry the most immediate operational implications for brand owners and their counsel.
Official Fee Revisions: Revised & New Fees
The most commercially significant aspect of the 2026 amendments is a broad upward revision of official fees, introduced to strengthen ARIPO’s administrative capacity and service delivery. Critically, several new fee categories have been created that did not previously exist in the Banjul Protocol fee schedule:
| Activity / Fee Item | Previous (USD) | New (USD) |
| New application (1st class) | 100 | 160 |
| Additional class — per designated state | — | 20 |
| Excess words surcharge (after 50th word per class) | — | 10 / word |
| Registration / sealing (1st class, per designated state) | — | 150 |
| Search report | — | 100 |
| Extension of time — 1st request | — | 50 |
| Extension of time — 2nd request (same case) | — | 100 |
| Extension of time — 3rd+ request (same case) | — | 200 |
| Transmittal fee for Notice of Opposition (NEW) | — | 100 |
| Hard copy Certificate of Registration (NEW) | — | 100 |
| Appeal (NEW) | — | 500 |
Key Procedural Amendments
Opposition Proceedings. The introduction of the USD 100 transmittal fee for notices of opposition carries an important procedural consequence: both the Notice of Opposition and the corresponding fee payment must now be received by ARIPO before the opposition deadline. Payment received after the deadline will render the opposition out of time, irrespective of the date the Notice was filed. This creates a heightened administrative obligation for opponents and their representatives.
Significantly, the 2026 amendments address a longstanding lacuna in the Protocol: where parties to an opposition reach a settlement through Alternative Dispute Resolution (ADR), they may now formally request the withdrawal of the opposition before ARIPO. Previously, the Protocol provided no mechanism to conclude opposition proceedings once a commercial settlement had been reached at the ARIPO level. It should be noted, however, that opposition proceedings which have progressed to the national level must still be withdrawn in accordance with the applicable national laws of the designated state.
Accelerated Examination & Compressed Registration Window. Designated member states now have six months (reduced from nine) to conduct substantive examination of trademark applications from the date of notification. The opposition period remains unchanged at three months. More critically, upon expiry of the opposition period, applicants must now pay the registration (sealing) fees within three months, a dramatic reduction from the previous twelve-month window, failing which the application will be deemed abandoned. This compressed registration timeline demands proactive docketing management and budget allocation by applicants and their agents.
Amendment of Mark Reproduction. The 2026 Protocol introduces a new provision permitting the amendment of a mark’s reproduction. However, this right is subject to a strict temporal limitation: any application to amend the representation of the mark must be submitted before the application has been accorded a filing date. Once a filing date is assigned, the representation of the mark becomes fixed. This provision requires applicants to exercise particular diligence in reviewing mark reproductions prior to formal submission.
Advisory Note
The 2026 Banjul Protocol amendments materially alter the cost and procedural landscape for ARIPO trademark prosecution across the Protocol member states. Brand owners should immediately review existing portfolios and pipeline applications in light of the new fee structure, tightened examination timelines, and the compressed three-month registration payment window. For clients with complex specifications, the per-word surcharge warrants a strategic review of specification drafting practice. The introduction of formal ADR-linked opposition withdrawal is a positive development that expands the toolkit for commercial dispute resolution at the regional level.
