Djibouti Trademarks

Filing Requirements:

1. Power of attorney, simply signed. A separate power is required for each application.

2. Copy of priority document, if priority is claimed.

3. 12 prints of the mark for each application.

* Items 1 and 3 must be submitted at the time of filing.

* Document 2 may be submitted within 3 months from filing date.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. A single application can include several classes.

Opposition:

No provisions.

Extension Of Time:

Extension of time is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, simply signed. A separate form is required for each application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Search:

An official search can be conducted for word marks and devices. The search takes 10 to 15 working days. A single application is required for search in several classes. The search report discloses similar and identical trademarks.

Assignment:

* Trademark applications and registrations may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, simply signed.
  • Deed of Assignment, or other instrument of title with sworn French translation.

Change Of Name/Address:

* A change of name/address can be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, simply signed.
  • Certificate of change of name of the applicant with sworn French translation.
  • Change of address, only a power of attorney, simply signed, is required.

Licensing:

* License recordal is compulsory in order to be effective against third parties.

* Documents required:

  • Power of attorney, simply signed.
  • License agreement with sworn French translation.

Merger:

* A merger may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, simply signed.
  • Copy of certificate of merger with verified French translation.

Marking:

Marking is not compulsory.

Cancellation:

A registered mark can be cancelled by the decision of the Court at any time if the conditions of grant were not respected.

Registration Time Frame:

The time frame for completing the registration process is 10 to 12 months.

Three Dimensional Trademark Applications:

Acceptable.