National toll free hotline:
400-711-2005
埃塞俄比亞Ethiopia
? Power of attorney duly legalized up to the Ethiopian Consulate.
? Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
? The detaliation of goods and/or services for witch the trademark will be registered or the classes in case they are known.
? Details of the trademark owner (name, address, registration number).
? Invoicing details (name, address, fiscal number, registration number).
? Information related to the previously filed by you trademarks, in order to benefit of the priority date, if it is the case. Priory can be claimed within 6 months; copy of home registration legalized up to the Ethiopian Consulate.
The TMO (local patent office) will carry on a formal as well as substantive examination; subsequently the Office may issue an examination report before final rejection of application. Publication of Notice of Invitation for Opposition. The TMO shall publish a notice of invitation for opposition in the Intellectual Property Gazette or Newspaper having nationwide circulation at the cost of the applicant. This may be supplemented by a website notice. This will be decided by the Regulations to be issued shortly. The registration of a trademark shall remain valid for a period of 7 years from the date of submission of the application for registration.
Trademark renewal in Ethiopia: Registration of a trademark may be renewed for consecutive period of seven years. Renewal of the registration of a trademark shall be made within three months after the expiry of the registration period; provided, however, after the expiry of the three months period, the registration may be renewed within the next six months, by paying in addition to the regular renewal fee, a penalty prescribed by the Regulations. For the renewal we need the power of attorney legalized and the affidavit or statement evidencing nature of marks and nature of applicant's business.
Trademark changes in Ethiopia: For changing the name we need the power of attorney duly legalized up to the Ethiopian Consulate. . The Certificate attesting the change legalized as above.
Trademark assignments and license in Ethiopia: For the assignment we need power of attorney duly legalized up to the Ethiopian Consulate and the deed assignment legalized up to the Consulate. The license must be registered and can be filed for pending or registered marks. Collective marks may not be subject to license agreement. Lack of effective control provision by licensor against the quality may nullify the agreement.
The Ethiopian Trademark Registration and Protection Proclamation No. 501/2006 dealing with the protection of trademarks in Ethiopia was published on 7 July 2006.
The law provided in article 50 that it shall enter into force on the date of its publication in the federal gazette, but in the absence of the proclamation of the implementing regulations to the law, there was some uncertainty with respect to its application during the past number of years.
On 24 December 2012, Council of Ministers Regulation No. 273/2012 was published, providing the implementing regulations to the Trademark Registration and Protection Proclamation No. 501/2006.
It is important to note that trademarks protected in Ethiopia based on applications filed prior to 7 July 2006 has to be refilled under the 2006 law. The refilling of these trademarks will be the same as fresh applications and unlike previously, will be subject to examination on absolute and relative grounds. There is a grace period of 18 months as from the date of the publication of the Council of Ministers Regulation - expiring on 24 June 2014 – during which such applications should be filed. Indications are that the original date of filing of such trademarks will be recognised.
With respect to trademarks that were filed and registered after 7 July 2006, applications will have to be submitted in order to obtain new certificates of registration.
The Ethiopian Intellectual Property Office has clarified a number of points related to the new trademark regulations which include the following:
1. Trademarks that were registered before the Trademark Registration and Protection Proclamation was issued - 7 July 2006 - must be re-registered. For a trademark to be re-registered, a new application for registration has to be filed in accordance with the requirements set forth in the Trademark Registration and Protection Proclamation and the new regulations.
2. Trademarks that were registered after the issuance of the Trademark Registration and Protection Proclamation – 7 July 2006 - must be resubmitted to the Ethiopian Intellectual Property Office for the issuance of a new certificate of registration related to the relevant period of protection (seven years).
3. The re-registration and amendment of post 7 July 2006 trademark registrations will be carried out in accordance with a schedule to be issued by the Ethiopian Intellectual Property Office. Proprietors of trade mark registrations under either the old pre-7 July 2006 or post-7 July 2006 systems must ensure that they provide instructions to their legal representative in a timely manner in order to ensure the adequate protection of their valuable trademark assets in Ethiopia.
New trademark applications will require the following documentation:
Power of attorney legalized by an Ethiopian Consul.
Certificate of Business License, or a notarized letter from a lawyer stating that the country concerned does not issue business licenses, or a certified copy of a home registration of the mark, with a verified English translation. In the absence of a home registration, a certified copy of a registration anywhere else in the world will be sufficient.
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