– Law No. 1/13 of July 28, 2009 Relating to Industrial Property in Burundi.

Note: Law No. 1/13 had been implemented without recourse to the Regulations, contemplated by the principal Law to supply detailed administrative requirements. The Ministerial Ordinance No. 540/2046 has been published, prescribing much if not all of the required material.

– Convention Establishing the World Intellectual Property Organization (WIPO), since March 30, 1977.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 3, 1977.
– WTO’s TRIPS Agreement, since July 23, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 2015.

Applicant: exclusive rights to a mark are acquired through registration. Prior users of an identical, non-registered mark may object to registration.

Foreigners and nationals not living in the country: there is no distinction. Both may apply and obtain registration.

Trademarks of foreigners: protected in the same manner as those of nationals.

Kinds of protection: trade marks, service marks, certification and collective marks.

Marks for services: may be registered. 

Registrable: a “mark” is defined as any sign capable of being specifically represented graphically and making it possible to distinguish the products or the product mark, services or the service mark of a company from those of other companies. A mark may in particular consist of words, including names of persons, motifs, letters, colors or combinations of colors, figures or by the form of products or their packaging, by holograms, sounds, smells or tastes. When slogans are not long enough to be protected by copyright, they shall be protected as marks. 

Not registrable: non-distinguishing marks, marks which are likely to mislead the public or business circles as to the origin or nature of the goods, marks which are contrary to public order or morality, translations of well-known or already registered marks, marks which are identical or similar to marks of another rights holder.

National flags, names or portraits: reproductions or imitations of national flags, or the official signs and seals of national or intergovernmental organizations may not be registered.

Collective (certification) marks: provided for. Regulations governing the use of the mark must accompany the application. 

Priorities: an application may contain a statement claiming priority from an earlier national or regional trademark. The priority term is six months.

Classification: the current Law does not specify which Edition of the International Classification is to be used, but trade and service marks must now be classified.

Multi-class applications: are accepted.

Territory covered: the Republic of Burundi.

Filing requirements for an application (to be sent to accredited agent):
1. Power of attorney (simply signed) incorporating a French translation; a separate power of attorney is required for each mark;
2. 10 prints of the mark;
3. If Convention priority is claimed, a certified copy of the basic application together with a verified French translation thereof.

For a change of name:
1. Certificate of change of name, with a verified French translation;
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.

Amendment of application: the applicant may reduce the list of goods or services applied for, or withdraw his application, at any time.

Examination: as to inherent registrability and prior rights. 

Opposition: marks will be published for opposition purposes after examination; any interested party will have a period of thirty days to lodge an opposition to registration. However, as trademark applications are not currently being advertised in Burundi, trademark oppositions are not filed in practice.

Disputes about ownership: owners of prior, unregistered or registered rights may object to the registration of a mark (see “Opposition” above).

Letters of consent: no provisions.

Applications kept secret: not provided for.

Appeal: examination as to form only and appeal not possible.

Urgent registration and provisional registration: not provided for.

Publication: Bulletin Officiel.

Correction of registration: not provided for.

Delivery of document: the certificate of registration is issued in paper format.

Beginning of protection: as from date of filing.

Duration: ten years form the filing date.

Renewals: a mark may now be renewed for consecutive periods of ten years. All trademark registrations obtained before July 29, 2009 - which were under the prevailing law registered for indefinite terms - will in fact be subject to renewal every ten years and will have to be renewed before January 28, 2020 in order to remain valid. 

Renewal grace period: there is a six-month grace period for late renewals. Pre-existing trademarks registered under the repealed Law are still not subject to renewal.

Compulsory character of registration: no provision but no one may claim exclusive use of a mark unless he has filed an application for the registration thereof.

Obligation to use: marks may be removed from the Register on application by an interested party on the grounds that there has been no use of the mark for a continuous period of three years or more.

Marking of registered goods: not required but advisable.

Text of marking: “marque déposée” or ®.

Modification of the mark and changes in the list of goods: not possible.

License: licenses need not be officially recorded, but must provide for effective control of the goods and/or services provided by the licensee.

Assignment: possible, and deeds of assignment required. An assignment can be with or without goodwill. Requirements for registration of an assignment: (a) deed of assignment or other instrument of title, together with a verified French translation; (b) power of attorney (not legalized); (c) original certificate of registration for endorsement purposes.

Right of prior user: is respected and prior user may apply for cancellation of trademark.

Compulsory licenses: not provided for.

Expropriation or nullification: any interested party may request that a mark be revoked, within a period of five years from the registration of the mark.

Validation, restoration and registration of invalidated marks: marks may not be restored.

Infringements and penalties: a trademark proprietor may obtain an interdict (injunction) against an infringer and appropriate damages.