Somalia is located on the Somali Peninsula, the easternmost part of the African continent. The current trademark regulations are mainly based on the relevant provisions on trademarks in the 1955 "Decree No. 3", which was revised by the 1975 "Presidential Decree". The Trademark Office of the Federal Republic of Somalia is responsible for trademark affairs, and the official languages are Somali and Arabic. Trademark exclusive rights need to be obtained through registration.
Somalia is a signatory to the WIPO Convention and has not joined any other international organizations or treaties on trademark protection, so trademark protection can only be handled through "single country registration".
In 2019, according to Ministerial Order No. 1/2019 issued by the Ministry of Industry and Commerce, the Trademark Office of the Federal Republic of Somalia resumed operations in November 2019 and began accepting trademark registration applications. However, the new Trademark Law of the country has not yet been implemented, and a complete trademark registration and maintenance system has not been established. There are no detailed rules regarding rejection, opposition, revocation, renewal, etc.
Somalia used to use the Italian classification table (49 categories) and accepted applications for multiple categories in one table. Ministerial Order No. 1/2019 did not specify which classification table would be adopted, but in practice, the authorities accept applications submitted based on the current Nice classification table. The new regulations stipulate that Somalia only accepts one type of application.
If the applicant does not reside in Somalia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Scanned copy of the signed power of attorney;
5. Copy of business license;
6. A copy of the registration certificate for the same trademark and category in the applicant's country of origin. If it is not registered in the country of origin, a registration certificate from another country can also be submitted;
7. Company profile (brief information on the company's business scope, registered address, etc.).
The main process of trademark registration in Somalia is: application, examination, announcement, approval and issuance. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the trademark's distinctiveness, the examination of the anti prohibition clause of Xiangjian, and the examination of whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The announcement will last for 45 days, during which no objections will be raised, and a paper certificate will be issued.
The Somali trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date; The renewal is valid for 10 years.