Rwanda's New Intellectual Property Legislation From A Trade Mark Prosecution Perspective

Rwanda published and enacted Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property ("the new Act") on 31 July 2024, repealing Law n° 31/2009 of 26/10/2009. The new Act introduced some notable changes from a trade mark prosecution perspective.

Acquired distinctiveness

Previously, the Minister or a competent court had to consider whether a mark acquired distinctiveness through use. In terms of the new Act, the Registry can decide whether a mark acquired distinctiveness through use, without the need for an applicant to approach a competent court.

Filing requirements

Previously, applicants were allowed to comply with any outstanding filing requirements within seven days from the date of being informed of such outstanding requirements. In terms of the new Act, the Registry has to inform the applicant that he or she is required to comply with any outstanding filing requirements within fourteen days of receiving the notification. Although there