Ethiopia Trademarks

Remarks:

The Ethiopian House of Peoples Deputies (the Parliament) recently ratified a Trademarks Law for the first time in the country. The law came into force as of its date of promulgation (July 07, 2006) but will only be effective once the implementing regulations are drafted and issued. It is however expected to take a long time for the regulations to be issued. Until then, the current means for trademark protection (the publication of cautionary notices) will remain applicable.

Filing Requirements:

1. Power of attorney, legalized.

2. Certified copy of corresponding home or foreign registration certificate with English translation, notarized.

3. 15 prints of the mark for each application.

* All the above documents must be submitted at the time of filing.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. A single application may include several classes.

Opposition:

Oppositions may be filed within 30 days of publication of cautionary notice.

Protection:

Protection is obtained by placing cautionary notices in English and in Amharic in local newspapers. Proof of publication of the cautionary notices together with the applicant's home or foreign registration and power of attorney are then filed with the Ministry of Trade and Industry. In the absence of objections by third parties within thirty days, the Ministry will issue a Trademark Certificate.

Protection Term:

The protection term is for 6 years from registration date. Detailed cautionary notices have to be republished every 6 years with short cautionary notices published every 2 years.

Use Requirements:

  • Use of a trademark is not required for registration or renewal of a mark.

Search:

An official search may be conducted for word marks and devices. It takes approximately 1 month for the results to be available. A single application is required for search in all classes. The search report discloses similar and identical trademarks.

Assignment:

* Trademark applications and registrations may be assigned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Deed of Assignment, with English translation, notarized | OR | Certified copy of corresponding home or foreign registration reflecting the assignee as the proprietor with English translation, notarized.

Change Of Name/Address:

* A change of name/address may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of change of name with English translation, notarized | OR | Certified copy of corresponding home or foreign registration reflecting the change of name with English translation, notarized.
  • Change of address, only a power of attorney, legalized is required.

Licensing:

* Registered trademarks may be licensed.

* Documents required:

  • Power of attorney, legalized.
  • License agreement with English translation, notarized.

Merger:

* A merger may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, with English translation, notarized | OR | Certified copy of corresponding home or foreign registration reflecting the new name resulting from the merger as the proprietor, with English translation, notarized.

Marking:

Marking is not compulsory.

Cancellation:

A trademark is subject to cancellation by any interested party before the Court on absolute grounds or if it can be established that the mark was unrightfully registered.

Registration Time Frame:

The time frame for completing the registration process is 24 to 36 months.

Three Dimensional Trademark Applications:

Unacceptable.