Trademarks Law in Rwanda
Here’s an overview of trademark law in Rwanda:
🇷🇼 Trademark Law in Rwanda
🔹 Governing Law
Trademark protection in Rwanda is governed by Law No. 31/2009 of 26/10/2009 on the Protection of Intellectual Property Rights.
The law is implemented by the Rwanda Development Board (RDB), specifically the Intellectual Property Department.
Rwanda is a member of key international treaties, including:
The Paris Convention
The Madrid Protocol (joined in 2019)
The African Regional Intellectual Property Organization (ARIPO) – observer status
The African Intellectual Property Organization (OAPI) – Rwanda is not a member
The World Trade Organization (WTO) and the TRIPS Agreement
🔹 What Can Be Registered?
Signs capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, shapes, colors
Sounds and non-traditional marks (if graphically representable)
Collective and certification marks
🔹 Registration Process
Application: Submit application to the Rwanda Development Board (RDB) with representation and list of goods/services.
Formal Examination: Checking completeness and formal requirements.
Substantive Examination: Assessment for conflicts with existing marks and compliance with law.
Publication: Application published in the Official Gazette for a 30-day opposition period.
Registration: If no opposition or if opposition is resolved, the mark is registered and a certificate issued.
🔹 Duration and Renewal
Initial registration is valid for 10 years from the filing date.
Renewable indefinitely in 10-year terms upon payment of renewal fees.
🔹 Use Requirement and Cancellation
Trademark rights can be canceled if the mark is not used for 3 consecutive years.
Cancellation actions can be initiated by third parties.
🔹 Rights Granted
Exclusive rights to use the trademark on the registered goods/services.
Right to prevent unauthorized use or imitation.
Rights to license, assign, or transfer the trademark.
🔹 Enforcement
Enforcement available through:
Civil courts for injunctions, damages, and destruction of infringing goods.
Customs authorities to prevent counterfeit imports.
Criminal penalties exist for willful infringement.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Madrid Protocol | Member (2019) |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Law No. 31/2009 on Intellectual Property |
| Authority | Rwanda Development Board (RDB) |
| Duration | 10 years, renewable |
| Registration | Required |
| Use requirement | 3 years’ non-use = cancellation possible |
| Enforcement | Civil courts, customs, criminal |
| International treaties | Paris, Madrid, TRIPS |
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