Classification

The International Classification of Goods and Services (Nice Classification) is applied. Rwanda follows a multi-class application system, and a single application may cover more than one class.

Convention priority

Rwanda is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Rwanda application is filed within six months of such earlier filing date.

Examination/procedure

The Registrar shall examine the application to determine whether it complies with the formal and substantive requirements. The Registrar shall, if he is satisfied that the application complies with the requirements, accept the application and advertise the application for opposition purposes in the Trade Marks Journal. Thereafter, the registration certificate will be issued.

Opposition

The Law makes provision for opposition to be lodged following advertisement of the trade mark application within 60 days from the date of publication. Extensions of the opposition period are not possible.  The Notice of Opposition must be filed together with supporting evidence.

Duration and renewal

A trade mark registration is effective for a period of 10 years from the date of filing and, thereafter, is renewable for like periods. It is possible to effect the late renewal of a registration, but not exceeding the 10 months grace period granted by the Registrar, upon payment of the late penalty fee.

According to the transitional provisions, a trade mark registered under the old 1963 Act shall remain valid and must be considered to have been granted or registered under the new 2009 Law, provided that the trade mark was renewed within 10 years of the date on which the new Law came into force (i.e. by 14 December 2019) or within the subsequent 10 month grace period (i.e. by 13 October 2020).

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