Burundi

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
NA
NICE CLASSIFICATION

10th edition

OAPI

ARIPO

International Arrangements

Burundi is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Burundi follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 3 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. It is possible to oppose a trade mark within 30 days of the date of publication.

Common Law and Well-Known Trade Marks

Burundi is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Burundi.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
No
PCT

OAPI

ARIPO

International Arrangements

Although Burundi is a member of both the Paris Convention and the PCT, the national laws have not been amended to provide for filing through the Paris Convention or the PCT.

Types of Patents

Patents of invention.

Novelty Requirements

Absolute novelty.

Grace Period/Prior knowledge excused

No grace period is applicable.

Examination procedure

Formal examination is conducted and Substantive examination is carried out with regard to novelty only.

Duration and Maintenance

A patent has a duration of 20 years from the date of filing. However, if the patent is granted more than 4 years after the filing date, the duration of the patent will be extended by that period.

Working requirement

There are no working requirements.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Convention priority may be claimed through the Paris Convention.

Types of Designs

A design registration may be obtained for any design or model which gives an article a novel aspect or original shape.

Classification

Classification is done according to the Locarno International Classification of Designs.

Novelty Requirements

Absolute novelty.

Grace Period/Prior knowledge excused

A 12-month grace period applies where the design was disclosed by the inventor or a third party.

Examination procedure

Only formal examination is conducted.

Duration and Maintenance

A registered design is effective for 5 years from the filing date, which is renewable for 2 further terms of 5 years each, for a maximum duration of 15 years.

Working requirement

If a design fails to satisfy the local demand, the government may issue compulsory licenses.