Djibouti

Djibouti is on the north-east coast of Africa with the Red Sea to the east and, to the north, south and west, it is bordered by Ethiopia and the south-east by Somalia.

General information

• Capital: Djibouti
• Population: 451 442
• Area: 23 000 km2
• Languages: French, Arabic – official languages
• Exports: Hides and skins; coffee (in transit)
• Imports: Foods; beverages; transport equipment; chemicals; petroleum products
• Currency: Djibouti Franc

Trademarks

Law:

The French Trade Mark Law promulgated before the declaration of independence on 27 June 1977, remained in force in all provisions not contrary to national sovereignty. On 17 November 1985 the Supreme Court of Djibouti ruled that local registration was necessary to protect a trade mark even if the trade mark was protected before 1977 by its registration in France.

International Conventions:

WTO.

Requirements for Application:

(a) Special power of attorney signed by the applicant with a handwritten mention: ‘Bon pour pouvoir spéciale’.
(b) Ten prints of the trade mark.
(c) Printing block.

Classification:

International classification of goods and services. A single application may cover more than one class.

Procedure:

Examination as to formal requirements only. Applications are filed with the court.

Opposition:

Not possible, only cancellation proceedings.

Use:

A cancellation action may be brought if a registered trade mark has not been used for a continuous period of five years prior to the request for cancellation.

Duration and Renewal:

A trade mark registration is effective for a period of ten years from the date of registration and thereafter, renewable for like periods.

Licensing/Registered Users:

Licensing is recognised. Recordation is required to be legally binding

Requirements:

(a) License agreement in French, or accompanied by verified translation;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the user.

Assignments:

Assignments are possible and may be made with or without goodwill of the business. Recordation by the trade marks registry is required.

Requirements:

(a) Notarised deed of assignment in French or accompanied by a verified translation;
(b) Power of attorney from the assignee.

Marking of Goods:

Notice of registration by use of the legend “Marque Déposée” optional.

Follow the importer’s instructions or specific contract specifications.

Patents

General:

Djibouti is not a member of PCT but is a member of the International Convention and of the WTO and has tried, without success, to join OAPI. Legislation is in the process of being drafted but is not expected to be finalised before 200The Djibouti Registry will not accept any patent applications at this stage.