Trademark registration in Rwanda. Rwanda, officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley. The economy of Rwanda is based mostly on subsistence agriculture. Coffee and tea are the major cash crops for export. Tourism is a fast-growing sector and is now the country’s leading foreign exchange earner. Rwanda is one of only two countries in which mountain gorillas can be visited safely, and visitors pay high prices for gorilla tracking permits. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Rwanda.
Trademark in Rwanda
Rwanda follows the first to file principle. Accordingly, the rights to a trademark will be granted to the first person to file for trademark registration in this country.
Nonetheless, in practice, the Registry recognizes common law user rights. This means that in some cases, the rights to a trademark will be granted to the user of the trademark, for example, famous, well-known trademarks.
Benefits when registering a trademark
After being granted a certificate of trademark registration, the trademark owner will have the right to protect his/her trademark against infringements, unauthorized use of the mark, and acts of unfair competition.
Specifically, the trademark owner will get the following rights:
- Exclusive right to use the registered trademark.
- The right to object to trademark applications that may conflict with the mark in the future.
- Right to request cancellation of trademark applications that may conflict with the mark in the future.
- The right to license third parties to use the trademark.
- Right to request customs authorities to seize counterfeit goods
Necessary documents for trademark registration in Rwanda
Necessary documents for trademark registration in Rwanda include:
- The application for trademark registration;
- Detailed information of the applicant (name, nationality, address, etc.);
- Detailed information of the representative or attorney (name, nationality, address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure of trademark registration in Rwanda
To obtain trademark protection in Rwanda, the applicant needs to file their trademark application to the Rwanda IP Office.
If there are no errors detected in the trademark application, it will be published in the trademarks journal.
After the publication, any third parties will have a 2 months opposition period to oppose the registration of the trademark.
If there aren’t any oppositions, the trademark will be registered and it will be protected for 10 years from the filing date.
Every 10 years, the trademark owner may file for renewal of the trademark to extend the protection period for another 10 years.
If the trademark owner misses the deadline to file for renewal, he/she can still renew the trademark in the grace period of 10 months after the expiration of the trademark upon payment of a late renewal fee.
Use requirement of a trademark
A trademark doesn’t need to be in use for the applicant to file for its registration. However, after the registration of the trademark, the trademark owner must use the trademark on a commercial scale for more than three years after registration or it will become vulnerable to cancellation actions.
Notes when filing for trademark registration
Rwanda is a member of the Madrid System. Accordingly, the applicant can file for trademark registration through the Madrid System to obtain trademark protection in Rwanda.
Besides the Madrid System, Rwanda is also a member of the Lusaka Agreement on ARIPO, The Paris Convention, and the Convention establishing WIPO, etc.
You can see a list of Rwanda IP firms here.