The short answer
Under Law No. 50/AN/09/6th L of 19 July 2009 on the Protection of Industrial Property, the registration of a mark has effect from the filing date for ten years, indefinitely renewable. Renewal is made in the six months before expiry, with a six-month grace period after expiry on payment of a surcharge. Renewal cannot change the mark or add goods or services.
Trademark deadlines in Djibouti at a glance
These rules come from Law No. 50/AN/09/6th L of 19 July 2009 on the Protection of Industrial Property, read in the official French text on WIPO Lex, which we have translated. The scanned text is imperfect, and opposition and non-use details are not fully legible, so we confirm those points with ODPIC before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the filing date, indefinitely renewable (Article 151). |
| Which date does the term count from? | The filing date of the registration application (Article 151). |
| When can I renew? | On simple request and payment of the prescribed renewal fee, the registration is renewed. Renewal must be made in the six months before the end of validity. Renewal cannot change the mark or extend the goods or services, and a request for only some goods renews only those goods (Article 151). |
| Is there a grace period? | Yes. A grace period of six months counted from expiry is granted to renew, with the prescribed surcharge. During the grace period the registration keeps its full validity (Article 151). |
| Opposition period | The Law provides for publication of the application and a period for third parties to oppose, with the details in the implementing rules. We confirm the current opposition period with ODPIC before we advise. |
| Reply to an office action | ODPIC issues a filing record stating the filing date and attachments, and the certificate of registration with the model of the mark, notified to the applicant or their agent (Article 149). |
| Priority claim | Convention priority within six months of the first filing in a Paris Convention state is available. We confirm the claim steps when we file. |
| Non-use | The Law provides forfeiture and removal for non-use. We confirm the current period with ODPIC before advising on any action. |
| Assignment | Rights can be transferred and licensed and the transaction recorded in the register. We confirm the formalities with ODPIC. |
Who can register a trademark in Djibouti
Any person can file a mark application with ODPIC. Anyone interested can obtain an official copy of the registered mark (Article 150).
Representation. We act as your agent before ODPIC. The filing record and certificate are notified to the applicant or their agent (Article 149).
Trademark registration process in Djibouti
Search
- Search the the Djibouti Office of Industrial and Commercial Property (ODPIC) records for identical or similar marks in your classes.
File the application
- File with the the Djibouti Office of Industrial and Commercial Property (ODPIC), through your Djiboutian 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 filing record and publication, third parties may oppose within the period set by the implementing rules, which we confirm before filing.
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 Djibouti Office of Industrial and Commercial Property (ODPIC) 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.
Djibouti trademark validity and renewal
- A registration has effect from the filing date for ten years.
- Renew in the six months before expiry.
- A six-month grace period costs a surcharge.
- A renewal cannot change the mark or add goods.
Diarise the six-month renewal window from the filing date.
Assignment, licence and changes to a Djiboutian trademark
Renewal
Partial possible
Renewal can cover only some of the goods or services (Article 151).
Changes to the sign
New filing
Any change to the sign or extension of the goods needs a new filing (Article 151).
Certified copy
On request
Anyone interested can obtain an official copy of the mark on written request (Article 150).
Certificate
With model
The certificate comes with the model of the mark (Article 149).
Non-use and cancellation of a Djiboutian trademark
The Law provides for invalidity and forfeiture of marks in the cases it sets. We confirm the grounds and time limits with ODPIC before we advise on any action.
Keep dated proof of use in Djibouti: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Djibouti
Ask ODPIC for the register entry and the official bulletin for the publication, registration and renewal dates.
Sources used
- Law No. 50/AN/09/6th L of 19 July 2009 on the Protection of Industrial Property (Djibouti), official French text on WIPO Lex (translated by us): Articles 149 to 151.
- ODPIC for the implementing rules, fees and forms.
Djibouti trademark FAQ
How long does a trademark last in Djibouti, and from when?
Ten years from the filing date, indefinitely renewable (Article 151). It counts from the filing date (Article 151).
When should I renew a Djiboutian trademark, and is there a grace period?
On simple request and payment of the prescribed renewal fee, the registration is renewed. Renewal must be made in the six months before the end of validity. Renewal cannot change the mark or extend the goods or services, and a request for only some goods renews only those goods (Article 151).
What is the opposition period in Djibouti?
The Law provides for publication of the application and a period for third parties to oppose, with the details in the implementing rules. We confirm the current opposition period with ODPIC before we advise.
How much does it cost to register a trademark in Djibouti?
The official fee is set by the the Djibouti Office of Industrial and Commercial Property (ODPIC) 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 Djibouti?
Yes. A foreign company can register a mark in Djibouti, normally through a local agent. We arrange this.
Can I assign a Djiboutian trademark?
Rights can be transferred and licensed and the transaction recorded in the register. We confirm the formalities with ODPIC.
Can a Djiboutian trademark be cancelled for non-use?
The Law provides forfeiture and removal for non-use. We confirm the current period with ODPIC before advising on any action.
How can I check the status of a Djiboutian trademark?
Use the the Djibouti Office of Industrial and Commercial Property (ODPIC) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority within six months of the first filing in a Paris Convention state is available. We confirm the claim steps when we file.
How do I change the owner's name or address?
Record the change with the the Djibouti Office of Industrial and Commercial Property (ODPIC) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Djibouti
SUPREMEiP® files trademarks worldwide through its network and checks every Djiboutian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
