FAQ
T1: How long will it take to conduct a trademark search?
2 - 7 working days.
T2: Does Djibouti use the international classification?
Yes.
T3: Are there any goods or services for which the mark cannot be registered?
No.
T4: Does the specifications of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
The specifications of goods limit the protection to the specific goods.
T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application)? If so, what are the requirements?
Yes, a Power of Attorney in the name of the applicants.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
Yes, as long as the original documents will be submitted upon receiving the Registrar's Notice regarding the same (3 months graceful period)
T7: Can one application cover more than one class of goods/services?
Yes.
T8: May priority be claimed under the Paris Convention?
Yes.
T9: What is the term of protection of a trademark? From what date is it calculated?
A trademark registration as per the Law is valid for 10 years from the date of filing the application or from the priority date renewable for periods of 10 years each.
T10: Is marking compulsory?
No, but highly recommended.
T11: In case a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration?
Yes
T12: If the trademark had been filed incorrectly in the first, what documentation would be required to amend the official registration to show the correct details?
This is usually corrected without any documents. Should the amendment be substantial then a copy of the home Trademark Registration is necessary
T13: Is use required before registration or for maintaining the registration in force?
Use is not required before registration to keep the registration in force; however, lack of use may subject the trademark to cancellation by a third party.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes.
T15: What are the types of use required?
It is not required to prove use of the trademark unless instructed otherwise by the trademark Registrar, in this case, we may submit sales, exhibitions, advertisements, bills ... etc.
T16: Can the assignment of an application be recorded?
No, only when the application matures into full registration.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
No
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No.
T19: Can the trademark application be opposed and what is the opposition period?
Yes, “Where a registration has been requested either 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 before the courts. 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.