HOW TO REGISTER A PATENT
Djibouti is a member of the Paris Convention and of the PCT (from 23 September 2016).
The requirements for filing a non-PCT application in Djibouti are as follows:
- Power of Attorney (simply signed) – required upon filing;
- Description, claims and abstract in French – can be filed in English initially provided verified French translation filed within 1 month;
- Formal drawings, if applicable - required upon filing;
- Assignment of Invention (simply signed with verified French translation) - can be late filed within 1 month; and
- Priority document with verified French translation - can be late filed within 1 month.
The requirements for filing a PCT application in Djibouti are as follows:
- Power of Attorney (signed, notarised and legalised up to a Djiboutian consul) - can be late filed within 1 month;
- Specification, claims, formal drawings, and abstract in French - can be late filed within 1 month;
- Assignment of Invention (signed, notarised and legalised up to a Djiboutian consul) - can be late filed within 1 month; and
- Copy of PCT International advertisement - required on day of filing.
We estimate that the costs involved for filing a patent application in Djibouti will be about US$ 3800.00. To this must be added charges of about US$ 100.00 per priority claim, and about US$ 850.00 for the payment of the renewal fee for the first 5 year period (which is payable upon filing). Furthermore, we are able to attend to translations from English to French at a cost of US$ 30.00 per 100 words (if required).
HOW TO REGISTER A TRADE MARK
1. Filing requirements
- Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
- List of goods and/or services.
- Clear print of device mark.
- A simply signed power of attorney – must be submitted at time of filing.
- Certified copy of priority document if priority is claimed.
- The 11th edition of the Nice classification of goods and services are followed.
- Multi-class - Yes.
- Duration : 10 years from filing date and renewal for further periods of 10 years.
- Use : If a mark has not been used for 5 consecutive years, calculated from the date when a cancellation action is instituted, may render the mark vulnerable to expungement by any interested party.
- Marking: Not required but preferable.
- Licenses: Must be registered.
- Assignments: Must be registered.
4. Costs USD
- a) Application: 1 mark in 1 class (including compulsory ‘feasibility study’) $2900, additional classes filed simultaneously $1080each.
b) Claiming priority: $370.
- Assignment: First trade marks $1250, additional trade marks filed simultaneously $970each.
- Change of name or address: First trade mark $940, additional trade marks filed simultaneously $780 each.
- a) Renewal: 1-3 classes $2050, additional classes renewed simultaneously $530 each.
b) Renewal: additional trade marks renewed simultaneously $1900 each.
c) Late renewal fine (within 6 months): $445 per mark.
- Search: 1 mark in 1-4 classes – from $590; additional classes $320 each - not recommended (see below).
* Above quotations exclude courier charges.
** As soon as a trademark application is filed in Djibouti, the Office automatically conducts feasibility study which is compulsory and provides registrability information.
*** Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.
HOW TO REGISTER A DESIGN
Design protection in Djibouti is available via a national filing. Djibouti design law makes provision for the claiming of an earlier priority date provided the application is filed within 6 months of the first claim to priority.
The requirements for filing a design application in Djibouti are as follows:
- Power of Attorney (simply signed) - required on the day of filing;
- Formal drawings - required on the day of filing;
- Assignment of Design (simply signed), if applicable - required on the day of filing; and
- Certified copy of Priority document with verified English translation, if applicable - required on the day of filing.
We estimate that the cost of filing a design application in Djibouti will be about US$ 2600.00.