Trademark registration in Djibouti

Trademark registration become important for each business to differentiate their brand from other competitors when more and more foreign investors invest in Djibouti. Djibouti is strategically located, where the Red Sea and the Gulf of Aden meet, which is one of the world’s most important sea lanes. It is the gateway to the Red Sea and the Suez Canal, which transports more than 12% of global trade. Djibouti owns the Doraleh seaport, one of Africa’s busiest container ports. The port is invested by China and is capable of receiving the world’s largest container ships. The Djibouti government is investing heavily in logistics infrastructure, including roads, railways and airports. This will help Djibouti become an important logistics hub for the region. In addition, the Djibouti government also has many preferential investment policies to attract foreign investors such as tax exemption, namely investors are exempt from corporate income tax for a certain period, investors are entitled to import tax reductions on raw materials and machinery. The Djibouti government also provides financial support to investors through investment funds and investment incentive programs. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Djibouti through the article below.

Legal basis

• Law No. 50/AN/09/6L dated July 19, 2009 on the Protection of Industrial Property;
• Decree No. 2011-079/PR/MDCC dated May 25, 2011, on the Implementation of Law No. 50/AN/09/6L of July 19, 2009 on the Protection of Industrial Property.

General overview of “trademarks” in Djibouti

Definition of “trademark”

A product and service trademark is a name, symbol or logo used to identify and distinguish a company’s products and services from competitors. Trademarks can be registered and protected by trademark law, which prevents other businesses from using similar marks for similar products or services.

Why do you need to register for trademark protection

Trademark protection is important because it allows a company to differentiate itself from competitors and create a strong, recognized brand image. Trademark protection also allows businesses to control the use of their trademarks and prevent the use of counterfeit or malicious trademarks by third parties.

Trademark protection also allows businesses to protect their marketing and advertising investments. By protecting their trademarks, businesses can prevent competitors from taking advantage of their brand name or image to promote their products or services.

The protection of a trademark helps identify its commercial origin, thus promoting the quality associated with it.

Finally, trademark protection allows a company to assert its rights in the event that their trademark is infringed.

Conditions for trademark registration in Djibouti

In order for a trademark to be protected, a number of conditions must be met. The most important conditions include:

• Uniqueness: Trademarks must be distinctive and not too similar to existing trademarks in the same field of activity.
• Usability: The trademark must be used to identify the product or service of the registrar within 5 years from the date of protection.
• Make no mistake: A trademark must not mislead consumers as to the nature, quality, or origin of the product or service to which it identifies.
• Non-exclusive: Trademarks may not be used exclusively for common terms or general descriptions.
• Non-infringement: A trademark must not infringe the intellectual property rights of others.

Trademark dossier in Djibouti

To register a trademark in Djibouti, the applicant needs to prepare a dossier that includes the following documents:

Trademark Application Form: This form can be obtained at the Djibouti Intellectual Property Office (ODPIC) or downloaded from their website (if applicable). The applicant should complete the required information on the form, including:

• Information about the applicant (name, address, nationality)
• Brand information (name, logo, description)
• List of products or services for which the brand will be used

A copy of the applicant’s passport or business registration certificate

Trademark templates: Photo templates need to be clear, accurate, and fully represent elements of your brand.

List of classes of goods and services according to the Nice Classification: The applicant may refer to the Nice Classification to determine the class suitable for his product or service. https://www.wipo.int/classifications/nice/en/

Proof of brand use (if applicable): This can be brochures, product packaging, or any other document proving that the applicant has used the brand.

Fee payment receipt: Pay the registration fee as prescribed by ODPIC.

Note: The documents need to be translated into French, the official language of Djibouti.

Trademark Application Processing Process in Djibouti

The trademark registration process in Djibouti consists of the following steps:

Filing: The applicant needs to prepare a trademark registration dossier in accordance with the regulations of the Djibouti Intellectual Property Office (ODPIC).

Preliminary due diligence:

ODPIC will conduct a preliminary due diligence to see if the application meets the form requirements. If the application is valid, ODPIC will notify the applicant and proceed to publish the trademark in the Djibouti Industrial Property Gazette.

Protest stage:

Within 3 months from the date of publication, anyone can file an objection to the registration of a trademark. ODPIC will review objections and make a decision.

Issuance of Trademark Registration Certificate:

If no objection is accepted, ODPIC will issue a Trademark Registration Certificate to the applicant.

The total processing time of a trademark application in Djibouti is usually between 12 and 18 months.

How to file a trademark application in Djibouti

To file for trademark protection in Djibouti, you can apply by the following filing methods:

• Direct submission: Customers can come directly to the office of the Djibouti Intellectual Property Office (ODPIC) at P. 24 Djibouti to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Djibouti Intellectual Property Office (ODPIC) at P. 24 Djibouti.
• Submit online via website:

https://odpic.dj/publication-registre/ When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Djibouti Intellectual Property Office (ODPIC).

Some related questions

What do we do when a trademark is infringed?

If you believe that a company or individual is infringing your trademark rights, here are some steps you can take:

• Gathering evidence: Collecting evidence of infringement, such as samples of the disputed product or service, screenshots, or audio recordings of the illegal use of the trademark.
• Send an official notice: Send a warning letter to the person or company that is infringing your trademark rights, informing them of your objection to the unauthorized use of this trademark.
• Legal action: If the violation continues despite the official notice, you can take legal measures to prevent the violation and claim damages.
• Use administrative measures: The competent authorities may be contacted to enforce your trademark rights.

Can a trademark be registered in Djibouti through the Madrid System?

Currently, Djibouti is not a member of the Madrid System, so customers can only register a trademark in Djibouti by the above way.

Trademark registration service in Djibouti of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Djibouti;
• Draft the dossier and directly file and monitor the status of the trademark application filing in Djibouti on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Djibouti;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Djibouti.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Djibouti, please contact Viet An Law Firm for the most effective support.