Wikiprocedure > Djibouti


Difference between revisions of "Djibouti - Register a TradeMark"

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==Office Locations & Contacts==
 
==Office Locations & Contacts==
  
;Djibouti Trademark Office
+
'''Djibouti Trademark Office''':
  
 
Ministry of Trade and Industry,  
 
Ministry of Trade and Industry,  

Latest revision as of 13:51, 23 May 2020

Procedure[edit]

1.A trader starts by finding a trademark agent to he/p him / her in the registration processes of the trademark. In this case, a trader must ensure that the chosen trademark agent is registered and authorized to provide the kind of desired services in the country;

2.When a trademark agent is found, the applicant together with the trademark agent proceeds with trademark search. This is done to assess trademark availability, check where a trademark upon registration may be entitled to protection and to check whether there are any reasonable grounds upon registration of which a chosen trademark may be rejected;

3.Then after the search, the applicant through the trademark agent goes ahead with preparing and elaborating a list of goods / services for which the trader wishes to register trademark. In this the trader provides a range of goods / services and describes how he / she intends to use trademark, the trademark agent helps in the classification of the listed goods / services basing on the formalities prescribed by the Trademark Office;

4.Thereafter prepare and obtain all the necessary documents. In this case the trademark agent help the trader in securing / preparing any required document and in this case the applicant must approve the obtained documents before the agent proceeds to the next step;

5.When documents are approved by trader, the trademark agent goes ahead with filling application to the National Trademark Office.

6.When application is submitted, the Trademark office issues an Application Confirmation / acknowledgment of receipt of the application which the trademark agent forwards to the applicant / trader. This is done in order for the applicant to have proof that the application was submitted and received by the Trademark Office;

7.The applicant is then required to make payment to the Trademark Office. In this case the applicant must clear any prescribed fees relating to his / her submitted applicant; and he /she must ensure that a receipt is obtained after making payment.

8.When application is received, the authority examines the submitted documents carefully to assess and verify eligibility for registration. If the application passes all examinations and meets all requirements in office actions, the trademark is approved;

9.Upon approval, the trademark is published in the Official Gazette in the country for a given period of time, usually one (1) month. This period is given to allow anyone who may not agree to registration submit his / her objection to the authority;

10.When no objection is received, the Trademark Office issues a Trademark Certificate. Inspection and Sending of the Trademark Certificate



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Required Documents[edit]

1.Identification documents of trademark owner

2.Payment slips;

3.Power of attorney

4.Print of the trademark

5.List of Goods/Services

6.Certificate of Incorporation or Extract of Commercial Register

7.Certificate of Registration of Trademark in Applicant's home or any other country (if registered)

8.Priority Document (if claiming priority)

9.Authorization document from original owner (if trademark was originally owned by someone else



Office Locations & Contacts[edit]

Djibouti Trademark Office:

Ministry of Trade and Industry,

BP 1846, Djibouti.

Telephone No.: +253 351682



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Eligibility[edit]

Traders / enterprises with a trademark that meets requirements and wishes his / her trademark to be protected.



Fees[edit]

1.Trademark Search US$ 75

2.Filling application of one (1) trademark for up to three (3) classes US$ 90

3.Publication in the gazette US$ 180

4.Registration of one (1) trademark in one (1) class US$ 360

5.Additional class after the first 3 classes US$ 90

6.Renewal of one (1) trademark for up to three (3) classes US$ 630

7.Renewal of additional class after the first 3 classes US$ 90



Validity[edit]

Ten (10) years;

A trader can use trademark forever as long as he / she renews validity every after Ten (10) years



Documents to Use[edit]

Please attach documents that can be used by people. e.g. links



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Sample Documents[edit]

Please attach sample completed documents that would help other people.



Processing Time[edit]

Approximately Four (4) Eight (8) months



Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	



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Instructions[edit]

1.Applicants are advised to contact a local trademark agent to help in the registration process;

2.An applicant must obtain a legal power of attorney authorizing the trademark agent to act on his / her behalf;

3.Ensure that a contacted trademark agent is registered and authorized to do so;

4.Applicants can submit multi-class applications;

5.Foreign applicants are not required to first register trademark in home country;

6.Applicants must know that not all marks can be registered as trademarks;

7.A chosen trademark to be registered must be visible;

8.Ensure that a choose trademark can distinguish products / services;

9.Applicants must not choose trademarks that are deceitful and must not choose trademarks similar to any of the other traders;

10.Choose a trademark that can be used worldwide, easy to produce, easy to reproduce, easy to pronounce and remember (if its a word), not misleading and not causing any confusion;

11.When registered, ensure that a trademark is used on goods / services of which it was registered for;

12.An officially registered trademark is legally restricted to the use of the owner;

13.Applicants must be aware that a registered trademark cannot be shared / used by different traders;

14.A trader is argues to always renew trademark when registration expires if he she wishes to still use it;

15.A phrase merely describing goods and services may not be registered as a trademark;

16.Applicants are advised to prepare a broad list of goods and services for which a trademark is to be registered, in order to allow a big coverage;

17.Though traders are encouraged to prepare broad goods and services lists, the list should not be too general;

18.Upon registration of trademark, the goods and services list attached to the trademark cannot be expanded;

19.In cases where another trader use a trademark without authorization, the owner can file a court petition;



Required Information[edit]

1.Name of applicant / trademark owner

2.Physical and contact address of trademark owner

3.Nationality of applicant / trademark owner

4.Profession or Nature of Business

5.Trademark to be registered

6.Type of incorporation (for corporate applicants)

7.Country of Incorporation (for corporate applicants)

8.Description of good / services

9.Desired trademark class



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Need for the Document[edit]

A trademark is a symbol, name, or other text or device that identifies a product on the market. To register a Trademark refers to registering a unique symbol / name/ text / device for purposes of identifying a particular product on the market. Registration of trademarks in Djibouti is done in line with the countrys trademark law which is based on the Industrial Property Act 2009. In Djibouti, trademarks are classified into forty five (45) classes of which a trader can chose to register his / her trademark.



Information which might help[edit]

1.During the processing period after the submission of the trademark registration application, the trademark agent continuously monitors the status of the official proceedings of trademark registration and in cases of any communication from the trademark office, the trademark agent informs the applicant;

2.When a trademark has been registered in Djibouti, the same trademark can be registered in a different country within six months from the date of trademark registration in Djibouti and the same date of registration in Djibouti is used for the new registration in a different country;



Other uses of the Document/Certificate[edit]

  • Upon registration, a trademark receives full protection in the country;
  • Registering a trademark gives right of ownership of a trademark;
  • A trademark is used to easily identify particular products / services on the market ;



External Links[edit]

https://www.lafafsi.com/trademark.php?country=Djibouti

http://www.luebeckonline.com/eshop/en/trademark/registration/trademark-registration-djibouti.html

http://www.stplegal.com/Requirements-Charges.aspx?service=Trademark&country=DJIBOUTI&id=88

http://www.trademarkhost.com/country/53/trademark-registration-djibouti.aspx

http://www.marcaria.com/Djibouti/trademarks/Djibouti-trademark-registration-process.htm

http://www.lysaght.co.uk/display_country.php?country=Djibouti

http://www.njq-ip.com/2012-newsletters/may-2012-issue/545-djibouti-new-trademark-law.html



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Others[edit]

More information which might help people.