On 24 December 2012, the implementing Regulation needed to give effect to the 2006 Trademark Registration and Protection Proclamation in Ethiopia was published, bringing into force a new, orthodox, trade mark regime for the registration and enforcement of trade mark rights. The Proclamation and Regulation include a protection term of seven years (repeatedly renewable) and provision for the registration of service marks.

There are many unknown factors which require clarification by the Director-General of the Ethiopian Intellectual Property Office (EIPO) but the situation seems to be as follows:

Existing registered trade marks (ETMs)

All 'old-system' cautionary notice registrations are no longer effective. Trade mark owners must file new applications to protect their rights. There is currently no 'sunrise' period during which ETMs can claim priority.

Pending registrations

Pending cautionary notice applications submitted to EIPO but not yet registered, will continue to be processed under the old system. As things stand, there is little point in completing the registration process. New applications will need to be filed if protection is still required.

Pending changes in ownership or renewal

It is not advisable to pursue pending renewals or changes in ownership matters, as the underlying right under ETMs will no longer be valid.

We are placing all pending matters under our control on hold.

Filing requirements remain unchanged. Official fees have increased but, for the time being, we will maintain our present charges, save for long specifications.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.