Trademarks in Djibouti

Competent Authority

• Name of Office: Djiboutian Office of Industrial and Commercial Property (Office Djiboutien de la Propriété Industrielle et Commerciale - ODPIC).
• Working Language: French or Arabic.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Not a member of the Madrid Agreement or the Madrid Protocol. Protection must be secured via direct national filing.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants without a local residence or principal establishment must be represented by an authorized local agent or representative.
• Power of Attorney (POA): A simply signed Power of Attorney is required; neither notarization nor consular legalization is strictly mandatory for the basic filing stage, but it must be provided promptly.

Online Filing and Search

• Electronic Filing: Managed through national administrative channels and ODPIC procedures.
• Trademark Search: Conducted via official registry records or professional screening searches to evaluate prior conflicting rights.

Protectable Trademark Types

• Word marks, figurative marks, and combined device marks.
• Applications and associated descriptions must be submitted in French or Arabic.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported, though historical local filing norms have occasionally leaned toward single-class application structures.

Examination

• Scope: ODPIC conducts formal administrative reviews and substantive examinations covering absolute grounds (such as distinctiveness and public order).

Publication and Opposition

• Opposition System: Trademarks are typically processed through administrative review and published after registration in the official gazette, meaning there is no standard pre-grant third-party opposition phase built into the initial application timeline. Post-registration invalidation options apply for aggrieved third parties.

Timeframes

• Registration Timeline: Approximately 3 to 8 months for a straightforward application process.

Official Fees

• Official fee schedules are regulated by national decree and denominated in Djiboutian Franc (DJF). (Exact quantitative fee amounts are omitted to prevent reliance on variable administrative adjustments).

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods prior to expiration, subject to standard grace periods and late penalties.

Use Requirements

• Non-Use Cancellation: A registered trademark can become vulnerable to cancellation or revocation actions if it is not put to genuine commercial use for a continuous statutory period.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with ODPIC to ensure legal validity and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via administrative proceedings and competent civil courts. Protection extends to well-known marks and measures against commercial infringement.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.