SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
4.4 Application Requirements An application for trade mark registration must be filed with SIPO using the prescribed form and must include the applicant’s details, a clear representa - tion of the mark, and a specification of the goods for which protection is sought. Goods must be classified in accordance with the Ordinance, which provides for 49 classes. The Ordinance does not permit multi‑class applica - tions. Each application may cover only one class of goods, and separate applications are required for any additional classes. The statutory requirements focus on providing an accurate reproduction of the mark and correctly identifying the goods; specimens of use and declarations of first use are not standard filing requirements. Government filing fees are payable in line with the applicable fee schedule. Applications may be filed by individuals, legal entities, or associations. Foreign applicants are generally required to appoint a locally licensed attorney or agent to handle procedural and administrative matters on their behalf. 4.5 Use in Commerce Prior to Registration Use of a trade mark in commerce is not required in order to file an application or obtain registration. There is no requirement at the application stage to submit a declaration of use, nor is there a grace period for proving use. However, a registered trade mark may become vulnerable to cancellation if it is not used for a continuous period of three years following the date of grant, or if use ceases for any continuous three‑year period thereafter. To qualify as use, the activity must be genuine, com - mercial in nature, and relate to the goods or services for which the mark is registered. Issues of non‑use are generally assessed in the context of enforcement actions or cancellation proceedings, rather than dur -
distinctiveness, legality, and the absence of decep - tion. Although the Ordinance does not require a full ex officio assessment of relative grounds, in practice SIPO may consider earlier registrations and pending applications when reviewing a new filing. Conflicts involving prior rights – such as earlier regis - trations or prior use – are examined more thoroughly in opposition, invalidity, and infringement proceed - ings, where competing marks are assessed in greater detail. 4.7 Revocation, Change, Amendment or Correction of an Application Applicants may request the correction of formal or clerical errors in a trade mark application, particularly where SIPO has notified them of irregularities. Such amendments are generally limited to non‑substantive matters and must not alter the identity of the mark or materially broaden the scope of the goods or ser - vices covered. Any material change affecting the mark itself or the goods specification is not permitted and would require the submission of a new application. In practice, SIPO exercises discretion when allowing corrections, guided by both the statutory framework and established administrative practice. 4.8 Dividing a Trade Mark Application Somali trade mark law does not expressly provide for the division of trade mark applications. Because applications are limited to a single class, the practical need for division is minimal. When issues arise that affect only part of an application, applicants generally resolve them by narrowing the goods specification or by filing separate applications, rather than through any formal division procedure. 4.9 Incorrect Information in an Application Where an application contains incorrect or incomplete information, SIPO may require the applicant to cor - rect the deficiency. Clerical or formal errors can be remedied upon request. More significant inaccuracies – such as those involving misrepresentation or bad faith – may form the basis for opposition, invalidity, or cancellation proceedings. The consequences of providing incorrect information are determined on a case‑by‑case basis, taking into account the nature
ing the examination of the application. 4.6 Consideration of Prior Rights in Registration
During examination, SIPO evaluates whether an appli - cation meets the statutory requirements for registra - tion, focusing primarily on absolute grounds such as
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