Trade and Service Marks

– Trademark Law No. 501/2006, in force since July 7, 2006.
– Implementing Regulations No. 273/2012, in force since December 24, 2012.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since February 19, 1998.

Filing

Note: previously the only available form of protection was the deposit and publication of cautionary notices in a local newspaper. From December 24, 2012, with the enactment of the long-awaited Implementing Regulations to the Trademark Law No. 501/2006, trademarks must be registered under the new Act. Owners of trademarks registered in Ethiopia prior to July 7, 2006 had to file new applications by December 18, 2014. These new applications will be subject to examination on absolute and relative grounds. Trademarks filed from July 7, 2006 will be subject to amendment.

Applicant: individuals and legal entities. 

Foreigners: must appoint an agent who is domiciled in Ethiopia. 

Kinds of protection: trademarks capable of being represented graphically, consisting of a word, letter, numeral, design, color or three-dimensional shape, in black and white or in color; service marks; collective marks. 

Novelty: a trademark should not be registered if: (a) it is identical with or confusingly similar to, or contains a translation of a trademark that is well-known or established by use in Ethiopia for identical or similar goods or services of another person; (b) it contains anything which may be understood as the characteristic title of another person’s protected literary or artistic rights or another person’s right to a photograph or design without his written consent. 

Exceptions to protection: a trademark which: (a) consists of sound or smell; (b) is contrary to public order or morality; (c) is identical with or an imitation of or contains an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name, or official sign or hallmark adopted by any state, intergovernmental organization, or other organization created by international conventions, unless authorized by a competent authority; (d) consists exclusively of the surname of the applicant; a trademark which consists exclusively of the full name of an alive individual without his consent. 

Priority: six months according to the Paris Convention. 

Classification: international, according to the Nice Agreement. 

Multi-class applications: possible. 

Territory covered: Ethiopia.

Filing requirements for an application (to be sent to a registered resident agent):
1. Power of attorney, legalized in the applicant’s country and duly authenticated by the Ethiopian Consulate in the country;
2. Home registration certificate or a certified copy of the applicant's Business Registration License showing the business activity which are related to the list of goods indicated under the application;
3. 3 copies of a reproduction of the trademark;
4. A list of goods and services classified in accordance with the International Classification and the class numbers of the classification;
5. A document certifying payment of the fee;
6. Priority document, if any.

Examination and Protection

Examination: the Office undertakes a formal and substantive examination of the application. 

Publication: when the Office finds that the application is acceptable, it shall publish a notice of invitation for opposition in the Official Gazette or in a newspaper having nationwide circulation. 

Opposition: any person who objects the registration of the trademark may within sixty days from the date of the publication of the notice of invitation for opposition notify in writing the Office stating the grounds of opposition (this may be extended for a further sixty days upon payment of a fee). 

Duration: seven years from the filing date. 

Renewals: may be renewed for further periods of seven years.  Grace period: can be renewed within three months from date of the expiry and for additional six months with surcharge.

Assignment and licenses: must be registered. 

Use: is not required for the registration of a trademark or for its renewal, however, the trademark is vulnerable to cancellation for non-use. 

Cancellation: any interested person may submit a request in writing to the Office for the cancellation of a registered trademark on the grounds that the mark has not been used in Ethiopia during a continuous period of at least three years preceding the date of the request for cancellation. 

Invalidation: the registration of a trademark may be invalidated by a written request by any person or by the Office if it does not comply with the Law.