In Burundi, trademark protection is based on the “first to file” principle. This means that, as a general rule, rights belong to whoever files first, not to whoever uses the mark first in the marketplace. Only in a few exceptional cases will unregistered, well-known trademarks be protected.
For this reason, if you want to secure exclusive rights over your brand in Burundi and be able to stop third parties from using or registering confusingly similar marks, you should file a trademark application before the trademark office of the Ministry of Trade, Industry and Tourism.
It is not necessary for the mark to be in use in Burundi in order to file or obtain registration. However, once registered, the mark should not remain unused for too long (see “Is Trademark Use Required?” below).
If you register a combined trademark (with both word and figurative/logo elements) in Burundi, the exclusive right is limited to that exact configuration. If you plan to use the word element independently from the logo (or vice-versa), it is advisable to file separate applications for the word mark and/or the figurative mark you want to protect on their own.