The current trademark regulations in Ethiopia are mainly based on the "Declaration on Trademark Registration and Protection" issued on July 7, 2006. The Ethiopian Intellectual Property Office is responsible for managing trademark affairs and the official language is Amharic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Ethiopia adopts the principle of "application first".
Ethiopia is a party to international intellectual property treaties such as the WIPO Convention and the Nairobi Treaty, and is neither a member of the Madrid Protocol nor the Madrid Agreement. Therefore, trademark registration can only be processed through "single country registration".
At present, trademark applications in Ethiopia adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories in one form. The elements that can be registered as trademarks in Ethiopia include: text, name, graphics, color combinations, slogan, three-dimensional identification, etc.
If the applicant does not reside in Ethiopia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Authorization letter for embassy authentication;
5. Notarized business license, priority certificate, or registration certificate from other countries. The scope of goods/services applied for registration cannot exceed the scope of business license, priority application, or the scope of goods/services on the prior registration certificate.
The main process for applying for registration of an Ethiopian trademark is: application acceptance examination announcement approval issuance. The application will be accepted 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is 60 days from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Ethiopia takes 1-2 years; If there are any objections or rejections during the process, the time will be extended to about 3 years.
The Ethiopian trademark is valid for 7 years after registration, starting from the date of application; Renewal is required within 3 months after the expiration date, with a grace period of 6 months; The renewal is valid for 7 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations; When applying for a trademark, it is known or should have been known that someone else has prior rights.
2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.