Mar 29, 2017 (Newsletter Issue 6/17)
Renewals of Trademarks Clarified
The Burundi Law No. 1/13 of July 28, 2009 relating to Industrial Property (the 2009 Law) requires the renewal of registered trademarks for consecutive ten-year periods and provides a grace period of six months for the late renewal of a trade mark. If the trademark is not renewed, its registration becomes invalid and may not be restored.
Prior to the entry into force of the 2009 Law, trademarks were registered for indefinite periods without the requirement for renewal. Though the 2009 Law has transitional provisions, the same are silent on the renewal due date for trademarks registered before the enactment of the 2009 Law.
On February 8, 2017, the Director of Industrial Property issued now an official communication confirming the current practice. Further, the Director indicated that all trademarks registered before the entry into force of the 2009 Law must be renewed before July 28, 2019, being ten years from the entry into force of the 2009 Law.
Source: CFL Advocates, Kenya
Nov 11, 2014 (Newsletter Issue 17/14)
Early Trademark Registrations to Be Renewable
The Government of the Republic of Burundi has recently clarified that trademark registrations existing before the current Industrial Property Law came into force on 28 July 2009 need to be renewed for ten-year terms with effect from 28 July 2019 and indefinitely thereafter for successive ten-year terms.
The current Burundi Industrial Property Law came into force on 28 July 2009 (the Effective Date). Trade mark registrations made after the Effective Date have 10-year terms from the filing date, indefinitely renewable for like terms. The 2009 Law repealed earlier trade mark law, under which trade marks were registered for indefinite terms.
The transitional provisions of the 2009 Law were originally interpreted to mean that trade marks, registered before the Effective Date for indefinite terms, did not become subject to renewal and would remain in force indefinitely, unless/until annulled or cancelled, for instance on grounds of non-registrability or non-use.
Now, it has been officially announced that those pre-existing trade mark registrations are to be renewable for ten-year terms with effect from 28 July 2019, and indefinitely thereafter for successive ten-year terms.
It is not yet stated what the earliest and latest dates will be for owners to apply for such renewals.
Source: www.spoor.com
Jun 24, 2014 (Newsletter Issue 10/14)
Accession to Hague Apostille Convention
The Republic of Burundi acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Apostille Convention").
The Convention will enter into force for Burundi on 13 February 2015.
Source: www.hcch.net
Legal basis is Law No. 1/13 of 2009 in force since 28 July 2009, Ministerial Order No. 540/2046 on Procedures for Filing and Registration of Trademarks, Service Marks, Collective Marks, Trade Names and Certification Marks (2012) and Ministerial Order No. 540/2047 on Procedures for Filing and Registration of Geographical Indications (2012).
Burundi is a member of the Paris Convention and the WTO/TRIPS.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice Classification (11th edition).
Registrable as a trademark are all distinctive and graphically representable signs, such as words, including names of persons, pseudonyms, patterns, letters, colors or combinations of colors, shapes, or the forms of products or their packaging and holograms. When slogans do not qualify for copyright protection, they may be protected as marks.
The following types of trademarks are registrable: trademarks, service marks, collective marks, certification marks, geographical indications, and trade names.
The application is filed with the Director of Industrial Property.
Multiple-class applications are possible.
An application can include goods and/or services in any number of classes, but with additional charges for each additional class from the 4th class.
Foreign applicants need a local agent.
A power of attorney simply signed, is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination as to distinctiveness, and for conflict with prior marks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Director of Industrial Property are published once in the official gazette.
The approximate time frame for completing the registration process of a trademark is 6 months.
National:
The opposition period is 30 days from the publication date of the application.
Protection begins with the date of filing an application. A trademark registration is valid for 10 years from the date of filing the application and renewable for like periods.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is USD 350.00 for 3 classes and USD 50.00 for each additional class from the 4th class for foreign companies. For local applicants, the official application fee is 50 000 BIF for 3 classes and 20 000 BIF for each additional class from the 4th class.
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
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