Somalia

Trade Mark Services & Trade Mark Lawyers

Forms part of

No
ARIPO

Somalia

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

OAPI

ARIPO

International Arrangements

Somalia is not a party to the Paris Convention for Protection of Industrial Property and it is therefore not possible to claim priority under the Paris Convention.
Somalia is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Somalia via the ARIPO system

Classification

Somalia follows a single class filing system in terms of the old 49 class Italian classification. It is possible to register trade marks in both goods and service classes.

Registration Procedure

Trade mark applications are examined for compliance with formal requirements only and there is no provision for publication or opposition proceedings.

Common Law and Well-Known Trade Marks

The Trademarks Registry in Somalia ceased operations following the overthrowing of the government in 1991 and only resumed operations in November 2019. Between 1991 and 2019 it was not possible to register, enforce or maintain trade marks in Somalia. At this stage it is not clear whether common law and/or well-known trade marks are recognised in Somalia.

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.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
OAPI
No
PARIS CONVENTION
No
PCT
Somaliland does not have any laws specifically dealing with the protection and enforcement of Intellectual Property Rights (IPR’s). However, Article 16 (2) of the Somaliland Constitution provides that “the law shall determine the rights to authoring, creating and inventing” and thus imposes on the Government of Somaliland an obligation to implement laws dealing with the protection and enforcement of IPR’s

OAPI

ARIPO

International Arrangements

Somalia is a member of ARIPO, although a designation from an ARIPO filing will have no effect, since Somalia is, at present, a non-functioning country. The 1991 coup of the government has led to a total collapse of all functions, including jurisprudential ones. As such, no statutes on industrial or intellectual property exists.

Lusaka Agreement;
African Regional Intellectual Property Organisation (“ARIPO”);

Paris Convention for the Protection of Industrial Property (“Paris Convention”); and
Patent Cooperation Treaty (“PCT”)

Types of Patents

N/A

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

6 months novelty grace period is applicable if the inventor or his successor discloses the invention by exhibiting it at an officially recognised international exhibition.

Examination procedure

Examination of patents are substantive and based on search and examination reports.

Duration & Maintenance

A patent has a duration of 20 years from the filing date, subject to renewal fees being paid. Where a renewal annuity is missed and not paid within six months of the date of the renewal, the patent will lapse. Restoration of the patent is at the discretion of the Director-General of ARIPO and may be requested.

Working Requirement

N/A

Design

Forms part of

Yes
ARIPO
No
OAPI
No
PARIS CONVENTION
Somaliland does not have any laws specifically dealing with the protection and enforcement of Intellectual Property Rights (IPR’s). However, Article 16 (2) of the Somaliland Constitution provides that “the law shall determine the rights to authoring, creating and inventing” and thus imposes on the Government of Somaliland an obligation to implement laws dealing with the protection and enforcement of IPR’s

OAPI

ARIPO

Somalia is a member of ARIPO, although a designation from an ARIPO filing will have no effect, since Somalia is, at present, a non-functioning country. 

The 1991 coup of the government has led to a total collapse of all functions, including jurisprudential ones. As such, no statutes on industrial or intellectual property exists.