Trademarks Law in Ethiopia
Ethiopia's trademark law is governed by the Trademark Registration and Protection Proclamation No. 501/2006, which was enacted to establish a comprehensive framework for the registration and protection of trademarks within the country.
📌 Key Features of Ethiopia's Trademark Law
1. Trademark Definition and Types
A trademark in Ethiopia is defined as any visible sign capable of distinguishing goods or services of one person from those of other persons. This includes words, designs, letters, numerals, colours, or the shape of goods or their packaging, or combinations thereof. The law recognizes both product marks and service marks as eligible for registration
2. Classification System
Ethiopia adheres to the Nice Classification system, which categorizes goods and services into 45 classes. Applicants must specify the class or classes under which their trademark falls. Multi-class applications are permitted, allowing for the registration of a trademark across multiple classes in a single application.
3. Registration Process
Application Filing: Applications must be submitted to the Ethiopian Intellectual Property Office (EIPO) and include:
A clear representation of the trademark.
A list of goods or services to be covered by the trademark.
A notarized Power of Attorney (PoA) if filed through an agent.
A certified copy of the applicant's business registration.
A brief description of the trademark, if applicable
Examination: The EIPO conducts both formal and substantive examinations to ensure compliance with legal requirements and to check for conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the Intellectual Property Gazette or a national newspaper for a period of 30 days. This serves as a notice to the public and allows for the filing of oppositions.
Opposition Period: Third parties have 60 days from the publication date to file an opposition. Oppositions must be submitted in writing, stating the grounds for objection, and accompanied by supporting documentation.
Registration: If no opposition is filed, or if opposition is resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
The entire process typically takes between 6 to 8 months, provided that there are no objections or oppositions.
4. Duration and Renewal
Initial Term: Trademark registrations are valid for 7 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 7-year periods. Renewal applications must be filed within 3 months after the expiration of the registration period. If this period is missed, a 6-month grace period is available, subject to an additional fee.
5. Use Requirement
A trademark may be canceled if it has not been used in Ethiopia for a continuous period of at least 3 years. However, this provision is not strictly enforced in practice, and trademarks are not routinely canceled for non-use.
6. Opposition Grounds
Oppositions can be filed on various grounds, including:
Relative Grounds:
Likelihood of confusion with an existing registered mark.
Similarity to a well-known mark.
Prior use rights.
Absolute Grounds:
Lack of distinctiveness.
Descriptiveness.
Immorality or public order concerns.
Deceptiveness regarding the nature or quality of the goods or services.
Use of prohibited signs or symbols.
Oppositions must be filed within 60 days from the publication date in the Official Gazette. If the applicant does not have a registered trademark, they must file a defensive application within 15 days of the opposition.
7. International Treaties
Ethiopia is a member of the Paris Convention and the World Intellectual Property Organization (WIPO). Applicants can claim priority rights based on earlier filings in other member countries within a 6-month period from the date of the first application.
💰 Fees and Costs
The official fees for trademark registration are as follows:
Filing Fee: Approximately US$50 per mark and per class.
Publication Fee: Approximately US$145, depending on the length of the publication notice.
Renewal Fee: Approximately US$50 per mark and per class.
Late Renewal Fee: Approximately US$75 per mark and per class.
Additional fees may apply for services such as amendments, assignments, and oppositions. All fees are payable to the Bank of Ethiopia in U.S. dollars. The bank issues a receipt of payment, which must be attached to the application or brief. Fees are generally non-refundable once paid, except in certain qualified cases.
✅ Practical Tips
Conduct a Trademark Search: Before filing, perform a thorough search to identify any existing trademarks that may conflict with your desired mark.
Engage a Local Representative: Foreign applicants are required to appoint a legal representative domiciled in Ethiopia to file and prosecute the application.
Monitor Application Status: Regularly check the status of your application through the EIPO's official channels to stay informed about any developments or required actions.
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