The short answer
Under Law No. 1/13 of 28 July 2009 on Industrial Property, the registration of a mark has effect for ten years from the filing date and is renewable for consecutive periods of ten years, with a six-month late period and a penalty. Opposition is filed within 30 days of publication, and a mark that has not been used for three uninterrupted years can be removed from the register by court order.
Trademark deadlines in Burundi at a glance
These rules come from Law No. 1/13 of 28 July 2009 on Industrial Property, read in the official French text on WIPO Lex, which we have translated. Fees and detailed procedures are in the implementing rules, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the filing date, renewable for consecutive periods of ten years (Article 318). |
| Which date does the term count from? | The filing date of the registration application (Article 318). |
| When can I renew? | On the holder's request, with payment of the prescribed renewal fee, the registration is renewed for consecutive periods of ten years (Article 318). |
| Is there a grace period? | Yes. In case of delay, a period of six months is granted for paying the renewal fee, increased by a late penalty. If the fee is not paid, the mark lapses (Article 318). |
| Opposition period | Any interested person can file an opposition with the Director of Industrial Property within 30 days and in the prescribed form, on the ground that the registration conditions are not met. The Director publishes a notice of opposition, and the applicant has ninety days to reply with the grounds of the application, or is deemed to have given it up (Articles 301 and 302). |
| Reply to an office action | The Director examines the conditions, and if they are met publishes the application. After hearing the parties on an opposition the Director decides whether to register (Articles 300 to 304). |
| Priority claim | Priority is kept for filings made within a period of six months, even if registration in the country of origin comes after the period (Article 310). A mark registered in a Paris Union or WTO country can be accepted for filing and protected, on production of a registration certificate from the country of origin (Article 305). |
| Non-use | Any interested person can ask the court to order the Director to remove a mark from the register for goods or services if, after registration and up to one month before the request, it has not been used by the owner or a licensee for an uninterrupted period of three years. A cancellation request on other grounds can be filed within five years of the certificate (Articles 320 and 323). |
| Assignment | The rights can be assigned and licensed and the transaction recorded in the register. We confirm the formalities with the Director. |
Who can register a trademark in Burundi
An applicant files with the Director of Industrial Property, who examines the application, publishes it and registers the mark if there is no successful opposition (Articles 300 to 304).
Representation. We act as your agent before the Director of Industrial Property. We confirm any local representation rule before filing.
Trademark registration process in Burundi
Search
- Search the the Burundian Industrial Property Office (the Director of Industrial Property) records for identical or similar marks in your classes.
File the application
- File with the the Burundian Industrial Property Office (the Director of Industrial Property), through your Burundian agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the application is published, any interested person can oppose within 30 days. The applicant replies within ninety days (Articles 301 and 302).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Burundian Industrial Property Office (the Director of Industrial Property) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Burundi trademark validity and renewal
- A registration lasts ten years from the filing date.
- Renew for consecutive ten-year periods with the fee.
- A six-month late period applies with a penalty.
- Use the mark in Burundi to avoid removal after three years.
Diarise the expiry from the filing date.
Assignment, licence and changes to a Burundian trademark
Cancellation
5 years
A request to annul the registration can be filed within five years of the certificate, unless bad faith is shown (Article 320).
Effect of annulment
From registration
Annulment is deemed effective from the registration date (Article 322).
Non-use
3 years
Removal for non-use follows three uninterrupted years (Article 323).
Priority
6 months
Filings within six months keep priority (Article 310).
Non-use and cancellation of a Burundian trademark
The court can annul a registration if the registration conditions in Articles 288 to 295 are not met (Article 321). Any interested person can ask the court to order removal of a mark unused for three uninterrupted years (Article 323).
Keep dated proof of use in Burundi: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Burundi
Ask the Director of Industrial Property for the register entry and check the Official Bulletin of Burundi for the publication and registration dates.
Sources used
- Law No. 1/13 of 28 July 2009 on Industrial Property (Burundi), official French text on WIPO Lex (translated by us): Articles 300 to 306, 310, 318, 320 to 323.
- The Director of Industrial Property for the implementing rules, fees and forms.
Burundi trademark FAQ
How long does a trademark last in Burundi, and from when?
Ten years from the filing date, renewable for consecutive periods of ten years (Article 318). It counts from the filing date (Article 318).
When should I renew a Burundian trademark, and is there a grace period?
On the holder's request, with payment of the prescribed renewal fee, the registration is renewed for consecutive periods of ten years (Article 318).
What is the opposition period in Burundi?
Any interested person can file an opposition with the Director of Industrial Property within 30 days and in the prescribed form, on the ground that the registration conditions are not met. The Director publishes a notice of opposition, and the applicant has ninety days to reply with the grounds of the application, or is deemed to have given it up (Articles 301 and 302).
How much does it cost to register a trademark in Burundi?
The official fee is set by the the Burundian Industrial Property Office (the Director of Industrial Property) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Burundi?
Yes. A foreign company can register a mark in Burundi. A mark registered in a Paris Union or WTO country can be admitted for filing on production of the home registration certificate (Articles 305 and 306). We arrange this.
Can I assign a Burundian trademark?
The rights can be assigned and licensed and the transaction recorded in the register. We confirm the formalities with the Director.
Can a Burundian trademark be cancelled for non-use?
Any interested person can ask the court to order the Director to remove a mark from the register for goods or services if, after registration and up to one month before the request, it has not been used by the owner or a licensee for an uninterrupted period of three years. A cancellation request on other grounds can be filed within five years of the certificate (Articles 320 and 323).
How can I check the status of a Burundian trademark?
Use the the Burundian Industrial Property Office (the Director of Industrial Property) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority is kept for filings made within a period of six months, even if registration in the country of origin comes after the period (Article 310). A mark registered in a Paris Union or WTO country can be accepted for filing and protected, on production of a registration certificate from the country of origin (Article 305).
How do I change the owner's name or address?
Record the change with the the Burundian Industrial Property Office (the Director of Industrial Property) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Burundi
SUPREMEiP® files trademarks worldwide through its network and checks every Burundian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
