Trademark registration in Rwanda

Rwanda has emerged as a rapidly growing African country in recent years, attracting the attention of the international community. After the devastating genocide of 1994, Rwanda made efforts to build a stable and transparent government that created an environment conducive to economic development. The Rwandan government sets out a clear development strategy, focusing on key sectors such as agriculture, information technology, tourism and infrastructure. Rwanda implemented many important economic reforms, simplifying administrative procedures, attracting foreign direct investment (FDI) and promoting trade. The country focuses on developing the private sector, encouraging start-ups and innovation. Rwanda actively integrates into the international economy, participates in free trade agreements and builds cooperative relationships with other countries. Rwanda invests heavily in infrastructure development, including transport, electricity and telecommunications. The country built a network of modern roads, bridges and airports, helping to connect different regions and promote trade. Rwanda also invests in internet and information technology development, facilitating the development of the digital economy. Rwanda maintains a stable and transparent investment environment, attracting domestic and foreign investors. The government offers many incentives to investors, including tax exemptions, tax breaks, and financial assistance. Therefore, more and more businesses are expanding their business scope in Rwanda, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to the procedure for trademark registration. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Rwanda through the article below.

Legal basis

• Law No. 31/2009 dated 26/10/2009 on Protection of Intellectual Property

Definition of trademark in Rwanda

A trademark in Rwanda is a special mark used by an individual, business entity or any other legal entity. This mark has the function  of identifying goods, services or products related to that legal entity and distinguishing them from goods, services or products of other legal entities. Signs may include various factors, such as:

• Expression
• Given name
• Letter
• Shapes and abbreviations
• Visual elements (design, relief, product shape, packaging)
• Colors or color combinations

Conditions for trademark registration in Rwanda

• Uniqueness: A trademark must be unique and not similar to an existing registered trademark for similar goods or services. Your brand must be unique and clearly identify your product/service.
• Be able to perceive visually: The trademark must be able to perceive visually or graphically. This excludes sounds, scents and tastes.
• Legal: A trademark must not violate public order or morals.

Guide to Trademark Registration in Rwanda

Registration through the national system

You need to prepare a dossier according to the list of documents as follows:

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the trademark registration form

• Statement of Use (Optional): If the applicant has started using the trademark in Romania, the applicant can submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.
• Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.

Customers can download the application form from the following link:

https://org.rdb.rw/intellectual-property-rights/application-forms/

After completing the following form, customers can apply in person or by delivery:

• Direct submission: You can go directly to the General Registration Office, Rwanda Development Board (RDB) at P.O. Box 6239 Kigali Rwanda to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the General Registration Office, Rwanda Development Board (RDB) at P.O. Box 6239 Kigali Rwanda.

Register via 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 dossier in Rwanda via ARIPO system

A dossier for trademark registration in Rwanda 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

Prepare documents as instructed above

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Registration of trademark protection in Rwanda 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 Protocol:

• Rwanda accessed the Madrid Protocol on 10 June 1997.
• 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 Rwandan designations.

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 classes 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 Rwanda of Viet An Law Firm

• Carry out the search and notify you in writing of the results of the trademark search in Rwanda;
• Drafting dossiers and directly submitting and monitoring the status of trademark filings in Rwanda;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Rwanda;
• Support follow-up, representative resolution of objections and feedback with intellectual property representatives implementing procedures in Rwanda.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark registration in Rwanda, please contact Viet An Law Firm for the most effective support.