Trademark registration in Liberia

Safeguard your brand in Liberia need comprehensive trademark registration services. Liberia is a country located on the coast of West Africa, strategically located to access regional and international markets. In Liberia there is the port of Monrovia which is one of the largest seaports in West Africa. Liberia has abundant natural resources for economic development such as abundant reserves of diamonds, gold, iron ore, oil and natural gas, the mining industry contributes significantly to Liberia’s GDP. Liberia has opportunities to develop in other areas such as agriculture with a large land area and a climate favorable for agricultural production, in terms of tourism Liberia has many cultural and natural heritages that can attract tourists. The Liberian government always has preferential policies to encourage investment, including tax exemptions and tax breaks. Therefore, more and more businesses are expanding their business scope in Liberia, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law Firm would like to guide customers preliminarily through the procedure for trademark registration in Liberia through the article below.

Legal basis

• Law on Intellectual Property 2016

Definition of “trademark” in Liberia

A sign used to distinguish the goods or services of a business from other businesses. This sign can be:

• Words (including proper names)
• Images (logos, icons, images)
• Combination of words and images
• Colors or color combinations
• Sound
• Shape, including the shape of the goods themselves or the packaging

Conditions for trademark registration in Liberia

Distinguishability: A trademark must be able to distinguish the business’s goods or services from those of other businesses. This means that the trademark must not:

• Same or too similar to another party’s registered trademark for similar goods or services.
• Be generally descriptive of the good or service.
• Causing confusion to consumers about the origin, quality, or characteristics of goods or services.

Commercial use or intent to use: At the time of filing the application or at a later time, the business must intend to use the trademark for the goods or services specified in the application.

Other conditions: Trademarks must not be contrary to public morals or Liberian law and trademarks may not include symbols of the Liberian state or international organizations unless permitted.

Trademark registration in Liberia

Since Liberia does not yet have an official trademark registration system, applicants can apply for trademark protection through the ARIPO or Madrid systems

Trademark registration in Liberia through the ARIPO system

ARIPO (African Regional Intellectual Property Organization) is an intergovernmental organization providing intellectual property registration and protection services in 19 African countries.

Trademark registration in Liberia via ARIPO system

A dossier for trademark registration in Liberia through the ARIPO system includes the following documents:

Application Form: The applicant completes information about the trademark, owner, product/service, etc. on the ARIPO Form TM1 which can be downloaded from the ARIPO website.

Trademark image: The applicant needs to provide a clear image of the trademark with a minimum size of 5 cm x 5 cm and JPG, JPEG, PNG or TIFF format (if applying online)

List of goods/services: The applicant lists all goods/services for which the applicant wants trademark protection. The applicant needs to use the Nice Classification Table to classify goods/services.

Power of attorney (if applicable): If the applicant authorizes another person to represent the applicant during the registration process, a power of attorney is required.

Receipt of payment of fees

How to file a trademark application through the ARIPO system

Trademark registration fee via ARIPO system

Registration of trademark protection in Liberia through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Liberia acceded to the Madrid Accords on 12 February 1999.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Liberia accessed the Madrid Protocol on 12 February 1999.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the Liberian designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classs of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Liberia of Viet An Law Firm

• Perform the search and notify customers in writing of the results of the trademark search in Liberia;
• Prepare the dossier and file directly on behalf of the trademark owner and monitor the status of the trademark application filing in Liberia;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Liberia;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Liberia.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Liberia, please contact Viet An Law Firm for the most effective support