Country: ARIPO

Primary Contacts

Trade Mark Registration and Recordals Wilfried Schreder
Trade Mark Renewals Rita Henderson
Patent Registration and Recordals Kary Day
Patent Annuities Sara Lloyd

Contentious Matters (Oppositions, Infringement Actions, etc.)

Trade Marks Martin Chinnery
Patents Louise Audhlam-Gardiner

Trade Mark Information

Can services be registered ? Yes, although Malawi does not currently recognise service marks.
Single/Multi-Class Jurisdiction Multi-Class
Is the International Classification
followed ?
Nice Classification.
Can Convention priority be claimed Yes
Documentation required to file 10 prints of mark;
Simply signed Power of Attorney;
Certified priority document(s) and translation thereof if not in English;
List of countries which are to be designated;
Information as to whether the mark is currently in use, or is proposed to be used;
If the mark is to be filed in colour, then either Pantone references or the specific colours to be claimed.
Opposition period after publication 3 months from publication date. Thereafter, the application shall be treated according to the opposition procedures laid down under the national laws of the designated state or states concerned.
Renewal due 10 years from filing date and every 10 years thereafter.
Grace Period 6 months
Documents required to renew Data is being populated - please direct queries to Lysaght & Co. at this time
Proof of use due Data is being populated - please direct queries to Lysaght & Co. at this time
Documents required to file proof of use Data is being populated - please direct queries to Lysaght & Co. at this time
Can be struck off for non-use Non-use of the mark in all of the designated countries for a period of 5 years from registration renders it open to an action for cancellation by third parties.

Patent Information

Member of PCT No
Can Convention priority be claimed Yes
Deadline for filing priority document 3 months from filing date.
Does the priority document have to be
translated ?
Only if not in English.
Required Documents Substantive Application
- Power of Attorney, simply signed;
- Copy of specification, including description, claims, drawings and abstract in English;
- Certified copy of priority document(s);
- Assignment of Invention (if the inventor(s) is/are not employees of the applicant);
Assignment of Priority Rights if relevant.
PCT Regional Phase Application
- Power of Attorney, simply signed;
- Copy of PCT specification, including description, claims, drawings and abstract in English.
Duration ARIPO grants patents for a term of 20 years from the filing date (or the international filing date for PCT regional phase patents), but until the national laws are standardised, the term of the patent in each territory varies according to the national laws currently in force.

For instance:
- Kenya has brought its IP legislation into line, and now has a 20 year term for patents.
- For Malawi and Zambia, the duration of the patent is still 16 years.
- Lesotho recognises a 10 year term, and allows a further 10 year term;

ARIPO's attitude, whilst encouraging 'harmonisation' amongst member states, is that all states have signed the various Protocols and will therefore uphold rights granted to applicants through the ARIPO Office.

We regret, however, that we cannot be as optimistic of the outcome of infringement actions in, for example, Zambian National Courts, with regard to infringement during the 17th to 20th years of an ARIPO term.

Annuities Renewal fees are payable annually on each anniversary of the filing date (or the international filing date for PCT regional phase applications), starting with the fee for the second year which is payable on the first anniversary thereof.

News Articles: ARIPO


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