Classification

The International Classification of Goods and Services (Nice Classification) is applied. A single application may cover more than one class.

Convention priority

Although Djibouti is a member of the Paris Convention, there is no provision in the Law to claim priority. It is uncertain, therefore, whether it is possible to claim convention priority. However, in practice the Registrar does take priority claims into account.

An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Djibouti application is filed within six months of such earlier filing date.

Examination/procedure

Applications are examined as to formal requirements.

Opposition

No provision.

However, where the registration has been requested fraudulently in respect of the rights of a third party or in violation of a statutory or treaty obligation, any person who claims to assert a right in the mark may bring “legal proceedings for ownership”. Unless the applicant has acted in bad faith, the proceedings for ownership shall be statute-barred three years after the date of entry of the mark in the National Register of Marks.

Duration and renewal

A trade mark is valid for 10 years from the date of registration, and thereafter renewable for further like periods of 10 years. A six-month grace period for payment of the renewal fee is provided.

Patent protection

As indicated above, at the time of writing it was not clear whether the 2009 Law, which will introduce patent protection to Djibouti, had become fully effective. The previous IP legislation in Djibouti only made provision for the filing of trade marks, designs and models. Furthermore, although the Djibouti Industrial Property Office has been established by law, it has apparently not yet become fully operational, so that a formal procedure for obtaining patent protection was not available at the time of writing.

Design protection

Design protection is available by way of a national filing.

Registrable subject matter

Any assembly of lines or colours, or any form of three-dimensional configuration, associated or not with lines and colours, shall be considered an industrial design, provided that such assembly or such form provide for a special aspect to an industrial or craft product, and can be used as a model for manufacturing an industrial or craft product.

Novelty

A design shall be considered to be novel if it has not been disclosed anywhere in the world to the public by publication in tangible form, or by use or in any other way prior to the filing date or priority date (if priority is claimed).  However, a 12 month grace period prior to the filing date or priority date is provided, where the invention was disclosed at an internationally recognised exhibition.

Examination/procedure

Formalities examination is conducted.

Duration and maintenance

Based on the 1909 Act, a design is valid for a term of 50 years from the filing date, with the first renewal after five years from the filing date, and the second renewal after 20 years from the first renewal.

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