The system of protecting trademarks by publication of cautionary notices has the same legal effect of other legal systems.
Once the Trademark is published in the Official Gazette it has full recognition by the authorities as the sole property of the applicant.
Such publication gives the owner of the trademark an exclusive right of using the said trademark in Eritrea. Furthermore, proprietors of trademarks have the rights to preclude third parties from using the trademark in question or any trademark similar thereof.
If there is any infringement to the Published trademark, it can be stopped by either criminal action or civil action or both.
Therefore, we can safely say that the force of publication of trademarks in the Official Gazette of the State of Eritrea has the same effect as the legal force of registration of trademark under any other legal system in the world.
The kinds of protections given to the owner of the trademark can be summarily set here forthwith;
1. Exclusive right of using the trademark in Eritrea
2. Right to oppose against any similar trademark published after that
3. Right to raise a criminal and civil action against any infringements whatsoever, this include:
- Illegal uses of the trademark by person other than the owner
- Using similar or confusingly similar trademark in Eritrea by person other than the owner
- Any other sort of infringement
We are sure that ERITREA is regarded as important market for its many potential benefits. The stability of the economic and the security of Eritrea help a lot in attracting the attention of many big companies who begin to move to the Eritrean markets.
This brief newsletter is prepared by Saifam Ltd Intellectual Property Services for the general information of clients and friends. This is not a substitute for professional advice and as such always seek professional advice for your specific case.