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Amendments to Trademark Laws

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Mrz 29, 2017 (Newsletter Issue 6/17)
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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