page 39
(d) signs which consist exclusively of signs or names constituting the generic or
technical designations of products or services as considered;
(e) signs which consist of a color in isolation that is not in any way confined within a
specific shape.
Article 134
The following may not be adopted as marks or elements of marks:
(a) signs excluded in accordance with Article 6ter of the Paris Convention for the
Protection of Industrial Property, as well as any sign reproducing the armorial
bearings, flags, insignia or official emblems of the Republic or of the other member
countries of the Paris Union, the acronyms or names of the United Nations
Organization and international organizations which have been adopted by them or
which have already been the subject of international agreements in force designed to
ensure their protection, official control and warranty signs, national or foreign
decorations, Djiboutian or foreign coins or banknotes, as well as any heraldic
imitations;
(b) signs which are contrary to public order or morality, or whose use is legally
prohibited;
(c) signs which are liable to deceive the public, particularly as regards the nature,
quality or geographical origin of the goods or services.
Article 135
No natural or manufactured products bearing either on themselves or on their
packaging, cases, bundles, envelopes, bands or labels, a mark, name, sign, stamp,
label or decorative pattern containing a reproduction of the signs referred to in Article
134 above shall be authorized to enter the territory of Djibouti, and may not be
accepted under customs regimes or in free zones.
Article 136
It shall be unlawful to adopt signs infringing prior marks, in particular:
((a) an earlier mark registered or well known as defined by Article 6bis of the Paris
Convention for the Protection of Industrial Property and Article 16(2) and (3) of the
TRIPS Agreement;
((b) a name or company name, if this could create confusion in the mind of the public;
((c) a trade name or brand name known throughout the national territory, if this could
create confusion in the mind of the public;
((d) a protected appellation of origin or geographical indication;