Trademark registration application matters in Ethiopia

In the global marketplace, effective trademark protection and management are essential. For companies looking to register a trademark in Ethiopia, understanding the required documents, registration time, and possible challenges is key. This article will provide you with a detailed explanation of the key points in the Ethiopian trademark registration process to ensure that your application goes smoothly.

Documents required for trademark registration application in Ethiopia

• The power of attorney (POA) must be notarized by the Ethiopian Consulate. If the applicant's country does not have an Ethiopian Consulate or is unable to authenticate the POA, a signed and stamped POA can also be authenticated in Ethiopia.
• A certified copy of the certificate of registration in the home country or other foreign country, which does not require legalization; or a certified copy of a business license or any equivalent document showing the applicant's business activities, accompanied by a certified English translation and notarization.
• A certified copy of the Priority Document, confirming the priority information, may be submitted later, at the latest, within 3 months from the filing date in Ethiopia.
• All documents must be submitted in original form when the new application is submitted, or they may be submitted later by submitting a request for an extension.
• The Ethiopian Trademark Office does not accept documents that have not been legalized by the Ethiopian Consulate.

Estimated registration time

• Average registration time: 2-3 months

Possibility of receiving an office action

• Whether or not you will receive an office action from the Trademark Office depends on whether the submission is complete, or whether a disclaimer is requested, or on the distinctiveness of the mark. Trademarks rejected on relative grounds can be overcome by submitting a letter of consent issued by the cited trademark owner and authenticated by the Ethiopian Embassy.

Trademark cancellation request

• According to Ethiopian Proclamation No. 501/2006, a declaration of trademark use is not required for trademark registration in Ethiopia, but any interested party may file a request for trademark cancellation with the Intellectual Property Office based on non-use for at least three years without justifiable reasons or force majeure. The court's decision can still be appealed to the court of first instance and subsequent courts.

Opposition Procedure

• The opposition period for trademarks in Ethiopia is 60 days from the date of publication of the Indicative Notice in two newspapers or on the website of the Ethiopian Intellectual Property Office. The applicant may extend the opposition period by 60 days by submitting a written application for extension and paying the official prescribed fee before the expiration of the opposition period.
• Anyone may file a written notice of opposition with the Trademark Office by paying the relevant fees and attaching supporting documents within 60 days from the date of publication of the announcement. Documents and supporting materials must be submitted within 90 days of the initiation of the opposition/counter-statement action. It is also possible to request relevant evidence and a three-month extension of the POA.