Trademark owners take note: marks registered under old IP law must be renewed before 28 July 2019
- Burundi IP Law was enacted and came into force on 28 July 2009
- New law introduced validity period of 10 years from filing date for trademark registrations
- Marks registered under old law must be renewed on or before 28 July 2019
Before the enactment of Burundi Law No 1/13 2009 relating to Industrial Property (‘the Burundi IP Law’) in 2009, a trademark registration remained in force in Burundi indefinitely without requiring renewal of the trademark.
The Burundi IP Law, which was enacted and came into force on 28 July 2009, introduced a validity period of 10 years from the filing date for trademark registrations.
Accordingly, trademarks may now be renewed for consecutive periods of 10 years.
What happens to those trademarks that were registered before 28 July 2009?
Although the Burundi IP Law makes it apparent that these trademarks must be renewed, there is no express provision made for the timeline within which these renewals must be done.
The registry has, however, clarified this point and held that all of the trademarks which have been registered under the old law must be renewed within 10 years from the date of enactment of the Burundi IP Law (in other words, on or before 28 July 2019).
Trademark proprietors with trademark registrations in Burundi which were filed before 28 July 2009 are advised to apply for the renewal of the trademarks before the deadline of 28 July 2019. The next renewal date would then be 10 years from the actual date of renewal.
A grace period of six months is provided for late renewal upon payment of a late renewal fee.
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