Preparing for the ARIPO Banjul Protocol & SI 39 (2025): a Practical Compliance Checklist for Zimbabwe Businesses

The amended ARIPO Banjul Protocol on Marks came into force on 1 March 2026, introducing evidence-of-use obligations, revised fee schedules and updated procedural requirements that directly affect every trademark registered or designated through ARIPO in Zimbabwe. Alongside the Banjul Protocol changes, Zimbabwe’s own Statutory Instrument 39 of 2025 (Patents (Amendment) Regulations), gazetted on 18 April 2025, has reshaped domestic patent filing procedures, fee currencies and compliance timelines. Together, these reforms represent the most significant shift in zimbabwe intellectual property compliance in more than a decade, and businesses that fail to adapt risk losing valuable rights.

This guide delivers a practical, step-by-step compliance checklist that maps every material change under the ARIPO Banjul Protocol Zimbabwe framework and SI 39 to concrete actions brand owners, in-house counsel and IP agents can execute immediately. For a shorter overview of the headline changes, see the earlier GLE summary on the ARIPO Banjul Protocol changes for Zimbabwe.

Immediate Actions, At a Glance

Before diving into the detail, here are the five priority tasks every Zimbabwe-based rights holder should complete now:

• Audit your IP portfolio. Identify every trademark and patent registered or designated through ARIPO that covers Zimbabwe, plus all national ZIPO filings.
• Begin assembling evidence of use. Under the amended Banjul Protocol, trademark proof of use may be required at renewal or upon challenge, start collecting dated commercial records today.
• Review your filing strategy. The cost–benefit calculus of ARIPO vs national filing has changed; reassess each pending and future application.
• Update fee budgets and payment methods. SI 39 of 2025 amends patent fee schedules and payment currency rules, confirm your accounts and agent authorities are aligned.
• Prepare an enforcement plan. Evidence-of-use changes alter the dynamics of opposition and cancellation proceedings, adjust your litigation-readiness posture accordingly.

What Changed Under the ARIPO Banjul Protocol (Effective 1 Mar 2026)

On 9 December 2025, ARIPO issued an official notice confirming that the amendments to the Banjul Protocol on Marks would take effect on 1 March 2026. The amended text, published as the Banjul Protocol on Marks (2026 Edition), introduces several changes with direct operational consequences for trademarks in Zimbabwe.

Snapshot: The Main ARIPO Amendments

• Evidence-of-use provisions. The protocol now contains explicit provisions permitting the Office or third parties to request evidence that a registered mark is being genuinely used in a designated state. This is the single most impactful change for brand owners in Zimbabwe.
• Revised fee schedule. Filing, designation, renewal and related fees have been updated under the new implementing instructions. Businesses should compare the new schedule against their current budgets.
• Updated forms and procedural requirements. The ARIPO Administrative Instructions prescribe amended application and renewal forms, with additional fields for goods-and-services descriptions and evidence-of-use declarations.
• Modernised implementing instructions. Provisions for electronic filing and communication have been expanded, and timelines for designation responses by national offices have been clarified.

Snapshot: SI 39 of 2025, Key Patent Regulation Changes

Separately, Zimbabwe’s Statutory Instrument 39 of 2025, the Patents (Amendment) Regulations, amends the domestic patents regulations zimbabwe framework. Key changes include revised fee amounts, clarification of payment currency requirements (with provisions addressing both local and foreign-currency payments), updated procedural notice periods and aligned form requirements for patent applications filed through the Zimbabwe Intellectual Property Office (ZIPO).

Timeline of Key Dates

Does This Apply to My Marks and Patents in Zimbabwe? Scope and Domestication

Is Zimbabwe Covered by the Banjul Protocol?

Yes. Zimbabwe is a contracting state to the Banjul Protocol on Marks and is also party to the Harare Protocol on Patents and Industrial Designs. As a member of ARIPO, Zimbabwe is bound by the amended Banjul Protocol, and any trademark registered or designated through ARIPO that includes Zimbabwe as a designated state falls within scope. The WIPO country profile for Zimbabwe confirms the country’s participation across all three ARIPO protocols (Banjul, Harare, and Arusha).

Which Existing Registrations Are Affected?

The ARIPO amendments apply to both new applications filed on or after 1 March 2026 and existing registrations when they come up for renewal, are subject to opposition or cancellation, or are the subject of an evidence-of-use request. Industry observers expect this to mean that even long-standing marks could face new scrutiny at their next renewal cycle. For patents, SI 39 of 2025 applies to all ZIPO filings from the date of gazetting, including pending applications and renewal payments.

Internal Audit Steps

To determine which assets are affected, rights holders should take the following steps:

• Extract a full register report. Request a certified status report from ARIPO and ZIPO listing every mark and patent designating Zimbabwe, including registration numbers, renewal dates and current status.
• Cross-reference against business operations. Match each IP right against active products, services and territories where the mark or patent is commercially exploited.
• Flag high-risk assets. Prioritise marks that are registered but not actively used in Zimbabwe, as these are most vulnerable to a cancellation action on evidence-of-use grounds.
• Check agent authorities. Confirm that powers of attorney for local agents are up to date and cover the new forms prescribed by the amended implementing instructions.

Evidence of Use for Trademarks, Step-by-Step Compliance Checklist

The introduction of evidence-of-use provisions under the ARIPO Banjul Protocol Zimbabwe amendments is the single most operationally demanding change for brand owners. Under the amended protocol, a registered trademark may be challenged for non-use, and the registrant will bear the burden of demonstrating genuine commercial use of the mark in the relevant designated state. This section provides a detailed, actionable checklist for assembling and preserving trademark proof of use.

How to Assemble Proof of Use

Acceptable evidence of use trademarks will typically need to demonstrate that the mark has been used in the ordinary course of trade in Zimbabwe (or, for ARIPO-wide registrations, in a designated state). The following categories of documentary evidence are widely accepted in comparable evidence-of-use regimes and are the likely standard under the 2026 amendments:

• Sales records and invoices. Dated invoices, purchase orders and receipts showing the mark applied to goods or services sold in Zimbabwe. Include customer names, transaction values and product descriptions.
• Marketing and advertising materials. Print advertisements, brochures, digital campaigns, social media posts and screenshots of websites showing the mark in a commercial context, with dates and Zimbabwe geo-targeting visible.
• Distribution and logistics records. Shipping manifests, customs import/export declarations, warehouse records and distributor agreements that prove physical or digital movement of branded goods into or within Zimbabwe.
• Packaging and product photographs. Dated photographs of the mark as displayed on actual products, packaging, labels or retail displays in Zimbabwe. Metadata from digital images (timestamps, GPS data) can strengthen evidentiary value.
• Contractual documents. Licence agreements, franchise agreements and supply contracts that reference the mark and confirm its use in Zimbabwe. For guidance on structuring IP clauses in these agreements, see essential IP clauses in employment contracts.
• Website and digital archives. Wayback Machine snapshots, web analytics reports and e-commerce platform data showing the mark offered for sale or used in connection with services accessed from Zimbabwe.
• Customs records. Recordals with the Zimbabwe Revenue Authority or ZIMRA showing the mark registered for border enforcement purposes, alongside seizure or release records.

Evidence Preservation and Chain of Custody

Collecting evidence is only half the task, preserving it in a manner that withstands scrutiny is equally important. Rights holders should implement the following practices:

• Maintain a centralised evidence repository. Store all proof-of-use documents in a dedicated, date-stamped digital folder or document management system. Organise by mark, class and territory.
• Preserve original documents. Where possible, retain original hard copies of invoices, packaging and advertisements. For digital records, preserve native file formats with unaltered metadata.
• Implement periodic collection cycles. Schedule quarterly or semi-annual evidence collection sweeps to ensure records are continuously updated. Retrospectively assembling years of evidence is far more difficult than contemporaneous collection.
• Engage local counsel for notarisation. In Zimbabwe, notarised declarations or affidavits from a director or authorised representative confirming the use of the mark can supplement documentary evidence and add a layer of formality that ARIPO adjudicators and national offices tend to expect.

Sample Evidence-of-Use Checklist and Required Metadata Fields

For each piece of evidence, ensure the following metadata fields are captured and documented:

For a deeper walkthrough on structuring cross-border evidence packs, see the GLE guide on how to protect your intellectual property across borders.

ARIPO Filing Strategy vs Zimbabwe National Filings, Actionable Recommendations

The 2026 aripo amendments have shifted the strategic balance between filing through ARIPO (with Zimbabwe as a designated state) and filing directly with ZIPO under Zimbabwe’s national trademark regime. Brand owners need to reassess their aripo filing strategy against updated costs, timelines and enforcement considerations.

Filing Route Comparison

When to Choose ARIPO First

ARIPO designation remains the preferred route for businesses seeking protection across multiple member states, for instance, a Zimbabwean manufacturer exporting to Malawi, Botswana and Mozambique. A single application covers all designated states, reducing administrative overhead. However, the new evidence-of-use regime means brand owners must now be prepared to demonstrate genuine use in each designated territory, not just Zimbabwe. For additional guidance on structuring international IP portfolios, refer to the international intellectual property practice guide.

When to Prefer National Filing

National ZIPO filing may be preferable where the brand is used exclusively in Zimbabwe, where speed of prosecution is critical, or where the rights holder wishes to avoid the additional evidence-of-use burden that attaches to ARIPO registrations under the 2026 edition. Industry observers expect some portfolio managers to shift defensive or non-core marks away from ARIPO designation to avoid cancellation risk under the new regime.

Suggested Timelines

• New filings: Decide ARIPO vs ZIPO at the classification stage, before filing, so that evidence-of-use planning is built into the application strategy from day one.
• Existing registrations approaching renewal: Conduct an abandonment and use audit at least six months before the renewal deadline to allow time for evidence gathering.
• Ageing marks: Marks that have not been used in Zimbabwe for three or more years should be flagged for priority review and either revived through commercial use or voluntarily surrendered to reduce portfolio costs.

Patents and Statutory Instrument 39 of 2025, What Patent Owners Must Change Now

While the Banjul Protocol amendments dominate the trademark landscape, patent owners in Zimbabwe face their own compliance demands under Statutory Instrument 39 of 2025. These patents regulations zimbabwe amendments took effect upon gazetting on 18 April 2025 and are already operational.

Key SI 39 Changes Mapped to Immediate Actions

• Revised fee schedule. Patent application, examination, grant, renewal and restoration fees have been updated. All budgets and escrow accounts held with local agents should be reconciled against the new schedule.
• Currency requirements. SI 39 clarifies the currencies in which fees must be paid, with provisions addressing both Zimbabwe Gold (ZiG) and US dollar payments. Foreign applicants should confirm with their local agent which currency is accepted for each fee type.
• Updated forms. Prescribed patent application and renewal forms have been amended. Using outdated forms may result in rejection or requests for re-filing, adding delays.
• Procedural timelines. Notice periods for patent renewals and restoration applications have been clarified, aligning more closely with the Harare Protocol (2025 edition).

Patent Filing Actions by Entity Type

Enforcement, Evidence Risks and Litigation Posture

How Evidence-of-Use Changes Affect Oppositions and Cancellations

The introduction of evidence-of-use provisions under the ARIPO Banjul Protocol Zimbabwe framework creates both a shield and a sword for brand owners. Defensively, a rights holder whose mark is challenged must now produce credible evidence of genuine commercial use in Zimbabwe, or risk having the registration cancelled. Offensively, the same provisions give competitors a powerful tool to clear cluttered registers by filing non-use cancellation actions against dormant marks. The likely practical effect will be a significant increase in cancellation proceedings across ARIPO member states in the coming years.

Enforcement Monitoring Recommendations

• Subscribe to trademark watch services. Monitor new applications filed through ARIPO and ZIPO that may conflict with your marks. The 2026 amendments have not diminished the importance of timely opposition, if anything, the availability of non-use cancellation as a remedy makes early detection more critical.
• Maintain customs recordals. Ensure your trademarks are recorded with the Zimbabwe Revenue Authority (ZIMRA) for border enforcement. Customs seizure records also serve double duty as evidence of use.
• Prepare cease-and-desist templates. Have pre-drafted cease-and-desist letters ready, referencing both the amended Banjul Protocol and Zimbabwe’s Trade Marks Act. Speed of response remains the most cost-effective enforcement tool.

Pre-Litigative Preservation Checklist

• Preserve all correspondence with infringers (emails, letters, meeting notes).
• Commission a trap purchase or market survey if infringement is suspected but not yet confirmed.
• Instruct local counsel to conduct a preliminary assessment of the infringer’s registration status, a mark that is vulnerable to non-use cancellation may be a weaker adversary than it appears.
• Budget for potential opposition or cancellation proceedings, including ARIPO filing fees and local legal costs.

Operational Checklist: 10 Immediate Actions for 2026

1. Conduct a full IP portfolio audit covering all ARIPO and ZIPO trademark and patent registrations designating Zimbabwe.
2. Assemble evidence-of-use packs for every active trademark, prioritise marks approaching renewal or those at risk of non-use challenge.
3. Reassess your ARIPO vs national filing strategy for pending and future applications, factoring in the new evidence-of-use burden.
4. Update patent fee budgets to reflect the revised schedule under SI 39 of 2025 and confirm accepted payment currencies with your agent.
5. Replace outdated forms with the current prescribed versions issued under the Banjul Protocol (2026 Edition) and SI 39.
6. Renew or execute updated powers of attorney for your local IP agent covering all new form types and procedural requirements.
7. Set up a centralised evidence repository with quarterly collection cycles for sales records, marketing materials and distribution logs.
8. Subscribe to trademark watch services for ARIPO and ZIPO to monitor conflicting applications and cancellation actions.
9. Review and update customs recordals with ZIMRA to ensure all active marks are registered for border enforcement.
10. Engage qualified IP counsel to review your portfolio, prepare bespoke evidence packs and advise on litigation-readiness under the amended ARIPO Banjul Protocol Zimbabwe regime.

Templates and Annexes

To support immediate implementation, the following downloadable resources are available or in preparation:

• Evidence-of-Use Template (CSV + PDF). A structured template capturing all required metadata fields (date, mark as used, goods/services, territory, parties, transaction value, document type, reference/SKU). Contact Global Law Experts to request a copy.
• Sample Completed ARIPO Form (Illustrative). An annotated example of a completed application form under the Banjul Protocol (2026 Edition), highlighting the new fields and evidence-of-use declaration.
• SI 39 Quick Reference Table. A one-page summary of the revised patent fee schedule, accepted currencies and updated procedural deadlines under Statutory Instrument 39 of 2025.

Sources

1. ARIPO, Banjul Protocol on Marks (2026 Edition)
2. ARIPO, Notice: Amendments to the Banjul Protocol on Marks (9 December 2025)
3. ARIPO, Administrative Instructions / Implementing Regulations
4. Veritas Zimbabwe, SI 2025-039 Patents (Amendment) Regulations, 2025
5. ARIPO, Harare Protocol on Patents, Utility Models and Industrial Designs (2025 Edition)
6. Global Law Experts, ARIPO Banjul Protocol Changes Zimbabwe 2026
7. Mayet & Associates, Important Amendments to the ARIPO Banjul Protocol on Trade Marks
8. Mondaq, ARIPO Amendments to the Harare Protocol
9. WIPO, Zimbabwe IP Jurisdiction Profile
10. AfrIPI, Processing of Applications Under the Banjul Protocol