Register a trademark in Burundi

In the context that the economy in Burundi is gradually integrating and developing, trademark registration is no longer an option but has become an essential step for any business that wants to assert its position in the market. A protected trademark is not only a sign of your product or service, but also a valuable intangible asset, building trust and differentiation in the minds of consumers. Registering a trademark in Burundi will help you protect your brand from counterfeiting and counterfeiting, and at the same time strengthen your legal rights to fight all unfair competition. Viet An Law would like to guide customers through the procedure for trademark registration in Burundi through the article below.

Conditions for registering a trademark in Burundi

Distinctiveness

This is the most basic and important condition. The trademark must be able to distinguish the goods or services of one business from the goods or services of other businesses. Signs that are considered discriminatory include:

• Proper name, company name, letters, drawings, symbols, images, sounds, or a combination of these elements.
• The trademark must not be a direct or overly general description of the goods/services (e.g., “Sweet Apple” cannot be registered for a sweet apple product).
• Must not be generic signs of the industry, or signs that have been used so widely that they lose their ability to distinguish.

Novelty

The trademark intended to be registered must be new, i.e. it has never been previously registered or used for the same or similar goods/services that may cause confusion.

While a pre-filing trademark search is not a statutory requirement in Burundi, it is a recommended step for any investor. The authority responsible for intellectual property in Burundi is the Office Burundais de la Propriété Intellectuelle (OBPI), which may be under the Ministry of Trade, Transport, Industry and Tourism. However, there is currently no trademark search system here. You can look up through other sources such as:

• Search through Professional Law Firms/Intellectual Property Representatives: This is an effective way to conduct a trademark search in Burundi.
• Contact the Burundi Investment Promotion Authority (API) or OBPI directly: Although APIs are the “guichet unique” for the establishment of a company, they are also the focal point for investment activities. You can try contacting the API or OBPI directly to inquire about the trademark search process or whether they offer on-site search services.
• International Database (restricted to Burundi): Burundi is not currently a member of the Madrid System, which allows for international trademark registration. However, you can use the Global Brand Database of WIPO (World Intellectual Property Organization) to look up international trademarks with protection designations in Burundi.

Dossier to register a trademark in Burundi

• Trademark Registration Application: The application needs to be filled in with complete information including:
  • Applicant information: Full name (individual/organization), address, nationality, phone number, email.
  • Representative information (if any): Name and address of the legal representative in Burundi.
  • Trademark description: Trademark form (words, images, combinations, sounds, etc.), color (if it is a color trademark), special font (if any).
  • Catalogue of goods and services: Specifies the types of goods or services for which the trademark will be used, which must be classified according to the Nice Classification System. Note: Burundi does not accept multi-group applications. This means that, if you want to protect your trademark for various groups of goods/services (e.g., group 25 for clothing and group 35 for retail services), you will have to file a separate application for each group.
  • Priority date (if any): The date of the first application in another country to enjoy priority under the Paris Convention.
• Trademark Form: Provide a clear printout of the trademark to be registered. If it is a word mark without a special visual element, it is necessary to provide printing in standard typeface. If the trademark has visual elements or is a graphic or logo mark, high-quality drawings or images are required. If the trademark has a specific color as a distinguishing factor, it is necessary to provide a color sample.
• Power of Attorney (POA): If you apply through a representative in Burundi, a Power of Attorney from the trademark owner is required that allows the agent to carry out procedures on your behalf. This power of attorney usually only needs to be signed simply and does not require notarization or consular legalization. However, a separate power of attorney is required for each trademark application (due to the fact that multi-group applications are not accepted).
• Copy of Proof of Priority Document: If you want to claim priority based on a previously filed trademark application in a member state of the Paris Convention, you need to provide:
  • A certified copy of the first application.
  • A French translation of the document if the original language is not French. This translation may need to be verified.
• Receipt of fee payment.

Processing to register a trademark in Burundi

Formal Appraisal

After receiving the application, the state agency will conduct a formal appraisal to check whether the dossier has all the necessary documents and complies with the formal requirements. If there are deficiencies, the applicant will be notified to supplement or correct them within a certain time limit.

Content Appraisal

If the application meets the formal requirements, the registry will conduct an appraisal of the contents. This process aims to assess whether the trademark meets the protection criteria, including:

• Distinguishability: Trademarks must not be described in a general or confusing manner.
• Do not violate prohibitions: Trademarks must not be identical or confusingly similar to previously registered trademarks for the same type or similar products/services, must not be contrary to public order, social ethics, or deceive consumers.

Publication of Application

If the trademark passes the substantive examination stage, the trademark application will be published in the Industrial Property Gazette. The purpose of the publication is to provide an opportunity for a third party with a related interest to object to the registration of such trademark. After publication, there will be a period of several months for a third party to file an opposition to the trademark registration.

Issuance of Trademark Registration Certificate

If no opposition is filed, or if the opposition is resolved in favour of the applicant, the authority proceeds to register the trademark and issue a Certificate of Trademark Registration.

Term of Protection and Extension

Trademarks in Burundi are protected for a period of 10 years from the date of filing (or priority date, if applicable). A trademark registration certificate can be renewed several times in a row, each time usually for 10 years, provided that the owner applies for the prescribed renewal before expiration.