In this article, we’ll discuss the concepts of acquiring trademark rights and explore the eligibility, inadmissibility, Registration and Ownership criteria for trademark registration in Ethiopia.
Acquisition of Rights
The cornerstone of trademark ownership lies in the issuance of a trademark registration certificate. Once granted, these ownership rights become legally binding on third parties. Let’s investigate the key aspects of trademark acquisition.
Trademarks Eligible for Registration
- Any trademark capable of distinctly differentiating goods or services qualifies for registration.
- Trademarks can be registered in black-and-white or color. A black-and-white registration provides protection for all color combinations, while color registrations are limited to the approved color combination.
- Eligible trademarks may include elements not inherently protected, unless they compromise the distinctive character of the trademark or infringe on the rights of others.
Trademarks Inadmissible for Registration
Certain trademarks are deemed inadmissible for registration due to various factors:
- Trademarks not conforming to the provisions of Article 5 of the Proclamation.
- Trademarks consisting of sound or odor.
- Trademarks incapable of distinguishing the origin of goods or services.
- Trademarks contrary to public order or morality.
- Trademarks exclusively comprising signs or indications indicating characteristics of goods or services.
- Trademarks consisting of signs or indications becoming customary in language or economic activities.
- Trademarks solely comprised of a shape resulting from the nature of the good or necessary for a technical result.
- Trademarks which are likely to mislead the public regarding origin, nature, or characteristics of goods or services.
- Trademarks identical or imitating official emblems, names, or signs without authorization.
- Trademarks exclusively featuring the surname of the applicant.
- Trademarks exclusively featuring the full name of a living individual without consent.
Exceptions: The inadmissibility criteria may be waived if, by the date of the trademark application, the mark has become well-known in Ethiopia through use.
Refusal of Registration Based on Third-Party Rights
Trademark registration may be refused on the grounds of third-party priority rights, including:
- Similarity or identity with an earlier trademark for the same or related goods/services.
- Similarity or identity with a well-known trademark in Ethiopia.
- Similarity or identity with a registered trademark for different goods/services, causing potential damage to the owner’s interests.
- Inclusion of elements infringing on another person’s literary, artistic, photographic, or design rights without consent.
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