This thesis addresses the urgent need to harmonize intellectual property laws within the African Regional Intellectual Property Organization (ARIPO), highlighting the central role of trademarks in driving Africa’s economic growth, innovation, and cross-border trade. It critically examines the effectiveness of ARIPO’s trademark regime under the Banjul Protocol on Marks and identifies structural and substantive shortcomings that continue to impede regional integration and the effective protection of trademark rights.

Using qualitative research methods, including doctrinal analysis of the Banjul Protocol and a Structured–Pragmatic–Situational (SPS) questionnaire, the study reveals that the ARIPO trademark framework remains fragmented due to limited harmonization and inconsistent domestication by member states. This fragmentation has resulted in uneven implementation and enforcement of trademark rights across the region, undermining legal certainty for rights holders and weakening investor confidence.

The research identifies several significant deficiencies within the current system. These include the absence of a comprehensive substantive examination process, limited recognition and protection of non-traditional trademarks, certification marks, collective marks, and well-known marks, as well as the lack of an effective centralized dispute resolution and enforcement mechanism. Collectively, these gaps constrain the development of a coherent and competitive regional trademark framework capable of supporting Africa’s expanding commercial landscape.

To address these challenges, the thesis proposes comprehensive legislative and regulatory reforms aimed at strengthening ARIPO’s institutional and legal framework. Through a comparative analysis with the Organisation Africaine de la Propriété Intellectuelle (OAPI), the European Union Intellectual Property Office (EUIPO), and broader international trademark regimes, the study demonstrates the advantages of deeper harmonization, enhanced enforcement structures, and the potential adoption of a unitary regional trademark system.

Furthermore, the research highlights the strategic importance of ARIPO’s accession to the Madrid Protocol as a means of improving international trademark registration and protection for African businesses. Ultimately, the thesis argues that unless the structural and substantive weaknesses embedded in the Banjul Protocol are addressed, the realization of a truly effective, harmonized, and globally competitive regional trademark system within ARIPO will remain unattainable.