The legal basis for trademark law in Ethiopia is the “Ethiopian Trade Mark Protection Proclamation no. 501/2006”. Full trademark protection is obtained through registration. If the trademark is highly recognized by the public, it can obtain protection even if it’s not formally registered in the IP office. Ethiopia adopts the international “NICE” classification of 45 products and services. Note: Ethiopia is not a member of the Madrid System. Therefore, an international application through WIPO is not possible.
Trademark registration: Requirements
A trademark application has to be filed before the Ethiopian Intellectual Property office by a local agent. A legalized Power of Attorney certified and notarized by the Ethiopian Consular is necessary. Foreign applicants do need a domestic registration. Multi-class trademark application is allowed.
Trademark registration: Procedure
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. A trademark search for prior trademarks is highly recommended by the Ethiopian authority, before the filing of an Ethiopian trademark application. If the application passes all the examination and meets the (possible) extra requirements in office actions, the mark will be published in the Intellectual Property Gazette or (depending on the authority request) it will be published in an official news paper for 30 days. In this period, the so called opposition period, a third party may oppose the published Ethiopian trademark application. In a straight forward case, it takes approximately 6-8 months from first filing to registration.
Trademark registration: Duration
A trademark registration in Ethiopia is valid for 7 years from the filing date. The registration is renewable for periods of 7 years.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
INTERNATIONAL REGISTRATION: Not possible
Extra
Duly note, if the trademark has not been used within Ethiopia for a continuous period of 3 years, it may be subject to cancellation.
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