All The Information You Need To Know: Trademark Law in Rwanda
Madrid Protocol member: Yes, Rwanda is a member state of the Madrid System.
Paris Convention signatory: Yes, Rwanda is a contracting party to the Paris Convention.
ARIPO member: Yes, Rwanda is a member state of the ARIPO system.
OAPI member: No, Rwanda is not a member state of the OAPI system.
Renewal term: Rwandan trademarks are due for renewal every ten years.
Non-use period: Registered trademarks in Rwanda may become subject to cancellation on the grounds of non-use if there has been no bona fide use in Rwanda for a continuous period of three (3) years or longer and up to one month before the date of the application for cancellation of the trademark.
Opposition period: The opposition period for trademark applications in Rwanda is 60 days.
First-to-file jurisdiction: Yes, Rwanda is a file-to-file jurisdiction.
Priority claim: Yes, applicants may claim priority in Rwanda within six months of filing a trademark application in its initial jurisdiction, provided this jurisdiction is also a signatory to the Paris Convention.
Application-to-Registration term: The period from filing a trademark application to granting registered trademark rights in Rwanda is approximately five to six months.
Power of Attorney: Trademark applications in Rwanda require a signed and notarized Power of Attorney document to be successfully filed by an agent firm with RDB (Rwanda Development Board).
Would you like to continue your education on African trademark prosecution? If the answer is yes, keep reading! Today, we are travelling to Rwanda, The Land of a Thousand Hills, to explore this flourishing nation's fascinating IP landscape.
Rwanda may be small, but it certainly is mighty in potential! The lush nation, which is the home of the indomitable silverback gorilla, has in recent decades become both an elite honeymoon destination and a force in the global energy, mining and fintech sectors.
Famous for its richly-spiced and fruity coffee blends, Rwanda is more than just beautiful landscapes and a great cup o' Joe––its record as a leader in gender equality and sustainability practices cement this resilient nation's place as one to watch in the developing world.
IP Legislation Updates in Rwanda: Law n° 055/2024 of 20/06/2024
On the IP front, this year has brought about significant reforms in Rwandan intellectual property law legislation. In July 2024, Rwanda's Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property came into force. This legislative move has repealed Law n° 31/2009 of 26/10/2009 and its related amendments.
Key updates promulgated in Law n° 055/2024 concerning trademark prosecution include changes to trademark processes in Rwanda including extended timelines for completing national and international applications and a clearer framework to prevent bad-faith filings. In addition, Law n° 055/2024 allows cancelled international registrations to be converted into national applications under specific conditions, offering flexibility for rights holders. Furthermore, the law also grants trademark applicants certain provisional rights upon publication of their application, enabling them to exercise their trademark rights before official registration, subject to opposition outcomes.
On an interesting note, and in a move to stand in closer alignment with ARIPO's Swakopmund Protocol, Law n° 055/2024 has made provision for traditional knowledge and cultural expressions to enjoy protection under Rwandan IP law. This move illustrates Rwanda's commitment to fulfilling its duties in terms of the Swakopmund Protocol, which assented to the protocol in 2012.Â
Rwanda: Basic Trademark Prosecution Information
Let's begin our discussion on trademark prosecution in Rwanda. Who can apply to obtain trademark rights in Rwanda? In terms of Rwandan legislation, both Rwandan citizens and foreign individuals or businesses may register trademark rights in the country. However, foreign entities must engage a local Rwandan agent or law firm to handle the application process on their behalf.
Rwanda is a member of the regional African Regional Intellectual Property Organization (ARIPO) system but is not a party to the Banjul Protocol on Marks. As a result, trademarks cannot currently be registered in Rwanda using the ARIPO system. In terms of the Madrid System, Rwanda is a contracting party to the Madrid Protocol, which means that trademark applicants may designate Rwanda as a jurisdiction when concluding their applications via WIPO. For this article, however, we will be focusing strictly on national trademark registration protocols.
As mentioned, trademark prosecution is governed by Law n° 055/2024 and administered by the Rwandan Development Board (RDB). Applicants may register the following categories of trademark (or a combination thereof) in Rwanda: word, service, device (logo), colour, collective, well-known and packaging (trade dress) marks. Conversely, trademarks cannot be registered in Rwanda if they are descriptive, filed in bad faith, constitute an act of unfair competition, imitate a well-known trademark, or are identical or similar to an earlier mark in a way that is likely to cause consumer confusion.
Unique Features of the Trademark System in Rwanda
A unique aspect of Rwandan trademark law lies in its approach to marking requirements. Symbols such as ® (for "registered"), "TM" (for "trademark"), or "SM" (for "service mark") carry no legal significance or protection under Rwandan laws. Registration serves as the primary evidence of ownership in this market.Â
Another unique feature of Rwandan trademark law relates to the Nice Classification of Goods and Services. While Rwanda may not be a signatory to the Nice Agreement, it still uses the globally recognised Nice Classification in its trademark prosecution process. The RDB requires that applicants designate the relevant Nice class(es) and most importantly the sub-classes, in national applications per the most current edition of the Nice Classification available at the time of filing. It is important to remember that it is not sufficient to solely rely on Nice class headings to register your trademark in this jurisdiction, you must further specify the mark's use through designation of a sub-class.
In an effort to promote entrepreneurship, Rwanda has implemented initiatives to make the trademark registration process as simple and accessible as possible for local businesses. These efforts include reduced filing fees and IP support for small and medium enterprises (SMEs), particularly in priority sectors like agriculture and technology.
Furthermore, in its commitment to protecting its Africanness, Rwanda places special emphasis on preserving aspects of traditional and cultural Rwandan knowledge and iconography from exploitation in national trademark registration.
Common Law Trademark Rights in Rwanda
The trademark registration system in Rwanda follows a first-to-file approach. Much like other African countries with strict first-to-file systems, Rwanda follows a predominantly civil law legal system. However, the country is moving towards transforming from purely civil law towards a hybrid system that incorporates elements of both civil and common law. Evidence of this shift lies in Rwanda's recognition of common law prior rights, which may be asserted in claims of passing off or unfair competition.
Trademark Registration & Application Process in Rwanda
The trademark application process in Rwanda begins with the submission of the following required files to the RDB:
An application letter addressed to the Registrar General stating the applicant's intention and grounds to initiate the trademark registration process in Rwanda,
A completed trademark application form that will include details such as the applicant's full name, address and nationality,
Four representations of the trademark not exceeding 8 x 10cm in size,
Proof of identity or company registration,
A notarized copy of the power of attorney document,
A copy of the priority document if priority is to be claimed,
Designation of desired Nice classes (and sub-classes) to be pursued for registration, and
Lastly proof of payment of the requisite official application fees.
**Since Rwanda has a multiclass trademark prosecution system, applicants may designate more than one Nice class in a single trademark application.
Once this application has been successfully submitted to RDB, it will proceed to the examination phase. In this stage, the Rwandan IP office will conduct a formal and substantive examination of the application. In terms of the formal examination, the RDB will notify the applicant of any issues with their application by way of an official notice. Thereafter, the applicant must correct issues within 14 days from receipt for their application to continue in the application process. Should the applicant fail to respond within this period, the application will be considered abandoned and thus removed from the registry.Â
The filing date of a Rwandan trademark application can vary. If no formal issues exist with the application, the filing date will be the initial date that the application was submitted to the RDB. However, if issues existed with the application which were then rectified following official notice, the filing date will become the date on which these amendments were accepted by the RDB.
Next, a substantive examination of the application will take place. During this phase, the RDB will verify the mark's distinctiveness and ensure that it is not imitative, deceptive, or potentially used in bad faith, contra bonos mores, or descriptive. Within a 6-week period, the RDB will provide feedback to the applicant on the status of their application post-examination. The RDB may refuse the application, request amendments to the application or accept the mark. The applicant must respond to the notice or submit any amendments or oppositions to the RDB's determinations within 30 days. These submissions are then adjudicated over by the RDB, which will then hand down its final decision regarding the fate of the application.
Once an application emerges from the examination phase successfully, it will proceed to publication. During this period, the applicant will enjoy provisional trademark rights. At this time, the mark is advertised in the Republic of Rwanda and Industrial Property Journal for 60 days. The Rwanda IP Journal is published irregularly, spanning a period of one to two months between each edition. During the 60-day publication period, any interested members of the public may raise opposition to the registration of the mark if they have reason to believe this mark violates any legal requirements in terms of trademark law.
Should registration of the applicant's mark be opposed, the RDB will send them notice of this development. The opponent to registration is required to file a notice stating the grounds of opposition and any evidence relied upon. Thereafter, the notice of opposition will be served upon the Applicant of the opposed application who will have thirty days to file a response. The period may be extended for a further thirty days at the Registrar's discretion. Where the Applicant does not respond within the set timeline, the trademark application will be deemed abandoned and the Registry will issue a letter confirming its status as such. Where a response is filed, it is served upon the opponent, and based on the Registrar's assessment of the record, he may request that the opponent reply to particular issues raised in the applicant's response. If this is the case, the opponent is granted seven days to respond to the counter-argument. Thereafter, the Registrar will host a hearing to make a determination based on the evidence placed on record. Opposition proceedings may take up to one year to conclude, depending on the Registry's capacity at the time.
An application which emerges from publication or opposition successfully will then proceed to grant. At this final stage, the applicant will receive full trademark rights and be issued a certificate to confirm the mark's inclusion on the national registry. Following registration, the mark will be subject to renewal every ten years from its filing date. Applicants have a maximum of ten-month grace period within which to pay this renewal fee.
Trademark Assignment in Rwanda
The trademark assignment protocol in Rwanda is relatively standard compared to other African markets. The assignment process requires submitting the following documentation to the RDB:
A completed and notarised Deed of Assignment document that has been signed by the assignor and assignee (or their local agents),
A signed and notarized power of attorney document, and
A copy of the trademark registration certificate.
This application for assignment is then vetted to ensure formal and substantive compliance. If approved, the change in ownership will be published in the Government Gazette and reflect on the National Trademarks Registry. In Rwanda, a trademark assignment application may be refused if the terms are deemed anti-competitive. This decision may, however, be appealed.
That concludes our discussion on trademark prosecution in the rousing nation of Rwanda! Do you have any further questions regarding the nuances of trademark law in this market? No problem, feel free to pop IP Prosecutions team at info@debeerattorneys.com and we will be in contact with you as soon as we can.
PS: If you would like to explore previous instalments of this series that discuss trademark prosecution in other African markets, no problem! Simply click the relevant link below to access the information that you'd like:
Totsiens and sala kahle!
(Goodbye and stay well!)
This information was last updated on 5 December 2024. This information is for general educational and entertainment purposes and is subject to change at any time.
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