AfCFTA and the calibration of trade mark post-registration use requirements

Author Thato Moloto

ISSN: 2521-2591
Affiliations: Lecturer, North-West University
Source: South African Intellectual Property Law Journal, 2025, p. 125-138
https://doi.org/10.47348/SAIPL/v13/i2a6

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Thato Moloto
AfCFTA and the calibration of trade mark post-registration use requirements
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 125-138
https://doi.org/10.47348/SAIPL/v13/i2a6

Abstract

Trade marks, while facilitating brand recognition and consumer trust, may also become trade barriers when unused registrations clutter national registries. Africa’s cluttered registries, dominated by dormant marks (often from non-African individuals or entities), impose disproportionate costs on local traders by raising barriers to market entry and hindering competitiveness. This article examines the proliferation of unused registered trade marks in Africa and their detrimental impact on intra-continental trade under the African Continental Free Trade Area (AfCFTA). Through an analysis of post-registration use requirements across selected states and registry data, the article proposes a harmonised AfCFTA framework that reduces the post-registration use period and automatic expungement for specific high-clutter classes. This calibration aims to purge unused marks, reduce artificial trade barriers, and foster authentic brand competition, thereby advancing the AfCFTA’s goals of economic integration and Agenda 2063.