page 44
Any amendment of the sign or extension of the list of goods or services designated
must give rise to a new filing.
Article 152
Registration of a mark shall confer upon its owner the right to prohibit any third party
from using any of the following in the course of trade without his consent:
(a) a sign identical to the mark for goods or services which are identical to those
covered by the registration;
(b) any sign where, because of its identity with, or similarity to, the registered mark
and the identity or similarity of the goods or services covered by the trade mark and
the sign, there exists a likelihood of confusion on the part of the public; the likelihood
of confusion shall include the likelihood of association between the sign and the
mark;
(c) any sign which is identical with, or similar to, the registered mark in relation to
goods or services which are not similar to those for which the mark is registered,
where the mark has a reputation in Djibouti and where use of that sign without due
cause takes unfair advantage of, or is detrimental to, the distinctive character or the
repute of the mark.
The following, inter alia, may be prohibited if the conditions listed in paragraph 1 are
met:
((a) affixing the sign to the goods or to the packaging thereof;
((b) offering the goods, or putting them on the market or stocking them for these
purposes under that sign, or offering or supplying services thereunder;
((c) importing or exporting the goods under the sign;
((d) using the sign on business papers and in advertising.
The right awarded by the mark shall only be binding on third parties from the
publication of the mark registration.
Article 153
The registration of the mark shall not entitle the owner to prohibit a third party from
using, in the course of trade,
((a) his own name or address;
((b) indications concerning the kind, quality, quantity, intended purpose, value,
geographical origin, the time of production of goods or of rendering of the service, or
other characteristics of goods or services;