Trademarks Law in Djibouti
Here’s a comprehensive overview of Trademark Law in Djibouti, reflecting the country’s current legal framework and recent developments:
🇩🇯 Trademark Law in Djibouti
1. Legal Framework
Primary Legislation: Law No. 50/AN/09/6th L of 2009 on the Protection of Industrial Property.
Implementing Decree: Decree No. 271/PR/MCI of 2009 establishing the Industrial Property Djibouti Office (ODPIC).
International Treaties: Djibouti is a member of the Paris Convention and the World Trade Organization (WTO), adhering to the TRIPS Agreement.
2. Trademark Registration Process
Filing Requirements:
A Power of Attorney (simply signed) in French.
Applicant's details (name, address, nationality).
A clear representation of the trademark.
A list of goods and/or services according to the Nice Classification.
A certified copy of the priority document, if applicable.
Procedure:
Examination: The trademark application undergoes a formal examination by the ODPIC.
Publication: If accepted, the trademark is published in the Official Gazette for one month.
Opposition: There is no formal opposition period; however, third parties can challenge the registration through legal proceedings.
Duration and Renewal:
Validity: Trademarks are valid for 10 years from the filing date.
Renewal: Renewable indefinitely for periods of 10 years. Renewal applications can be made within six months before the expiration date, with a six-month grace period thereafter.
3. Use Requirement and Cancellation
Use Requirement: While a trademark does not need to be in use at the time of registration, it must be used within five consecutive years after registration.
Cancellation: Non-use for five consecutive years renders a trademark vulnerable to cancellation by any interested party.
4. International Protection
Madrid System: Djibouti is not a member of the Madrid Protocol, so international trademark registration through WIPO is not possible.
Paris Convention: As a member, Djibouti allows for priority claims based on earlier filings in other member countries.
✅ Summary
Djibouti operates on a first-to-file basis for trademark registration. The process involves filing with the ODPIC, undergoing a formal examination, and publication in the Official Gazette. Trademarks are valid for 10 years and are renewable indefinitely. While use is not required at the time of registration, non-use for five consecutive years can lead to cancellation. Djibouti is a member of the Paris Convention, allowing for priority claims, but is not a member of the Madrid System, limiting international registration options.
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