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Chapter III: Examination, opposition, registration of marks and protection in Burundi
for marks registered in other member countries of the Paris Union or the
World Trade Organization (WTO)
Section 1: Examination, opposition, registration of marks
Article 300: The Industrial Property Director shall verify whether the application meets the
conditions set out in Articles 288 and 289 and in the relevant provisions of the
regulations.
In the event that the Director notes that the conditions have been met, he shall
immediately publish the application in the prescribed fashion.
Article 301: Any interested person may, within a period of 30 days and in the prescribed
forms, lodge an opposition to the registration with the Industrial Property
Director on the grounds that one or more of the conditions set out in Article 288
and in the relevant provisions of the regulations has not been met.
Article 302: The Industrial Property Director shall publish a notice of opposition in the
Official Journal of Burundi. Within a period of 90 days and in the prescribed
forms, the applicant shall write to the Director, explaining the grounds on which
his request is based. Failing this, he shall be deemed to have abandoned his
request.
Article 303: If the applicant sends a reply, the Industrial Property Director shall forward a
copy to the opposing party. After hearing the parties and carefully examining the
case, he shall decide whether there are grounds to proceed with the registration
of the mark.
Article 304: In the event that the Industrial Property Director notes that the conditions
referred to in Article 300 to 303 have been met, he shall register the mark,
publish a notice of registration, and grant a certificate of registration to the
applicant. Should this not be the case, he shall reject the application.
Section 2: Protection of marks registered in other member countries of the Paris Union
Article 305: Any mark which has been duly registered in a territory or country of origin
which is a member of the Paris Union or the World Trade Organization and
which maintains reciprocal relations with Burundi in this respect shall be
admitted for filing and protected in Burundi, subject to the reservations indicated
in this Article. The Industrial Property Director, before proceeding to the final
registration, shall require the production of a certificate of registration from the
country of origin issued by the competent authority. No authentification shall be
required for such certificates.
Article 306: The following shall be considered as the country of origin:
- the Paris Union country or WTO Member State in which the applicant has an
effective industrial or commercial establishment;