Filing Requirements:
- Power of attorney, simply signed.
- Fifteen prints and a printing block of the trade mark - device marks.
Classification:
-Follows the old Italian classification of 49 classes.
MULTICLASSES:
-A single application may cover more than one class.
Licensing/Registered Users
Licensing is recognised. Recordation of the license agreement is required to be legally effective against third parties.
Requirements
- License agreement;
- Power of attorney from the proprietor;
- Power of attorney from the licensee.
Assignments:
-Assignments must be made with goodwill of the business.
Requirements:
- Deed of assignment;
- Power of attorney from the assignee.
Marking of Goods:
Notice of registration by use of the legend ‘Marca Depositata’ optional.
Marking of goods must be clear and in a language understood by the people. English is acceptable. Fines are imposed for falsifying the origin of goods. After years of civil lunrest, it would appear that the Trade mark Registry became once again, but briefly, operational. Unfortunately, with the election of the new government,most government agencies are being re-organised and thus it is not possible to file at present.
Opposition:
-There is no provision for opposition in Somalia. A prior user may, however, apply for cancellation of the trade mark within five years of registration.
Use:
-Trademarks can be cancelled if there has been no use for a continuous three year period.
Duration and Renewal
-A trade mark registration is effective for an initial period of twenty years and, thereafter, renewable for like periods.
Due to ongoing civil unrest, the Trade Marks Office in Mogadishu is not operational at present.