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.