In Ethiopia, securing trademark registration is crucial in a move towards protecting trademark rights. This article explains the steps involved in applying, being examined, opposing, and registering marks, ensuring a comprehensive understanding of the process. Lets see the process step by step.
Application for Registration
To initiate the trademark registration process, applicants must adhere to specific guidelines:
- Submit the application in the prescribed form to the Office.
- Accompany the application with the prescribed fee.
- Each application covers only one trademark.
Provide necessary documents, including a reproduction of the trademark, a list of goods and services, and a duly authenticated power of attorney if filed through an agent.
Withdrawal of Application
Applicants retain the flexibility to withdraw their applications at any point during the pending period.
Right of Priority
Applicants can claim the right of priority if filing in Ethiopia within six months of the first application in a foreign country for the same trademark and goods or services. Compliance involves submitting a copy of the earlier application within the prescribed time limit.
Examination of Application
Upon receiving an application, the Office undertakes a comprehensive examination:
- Formality check, to ensure compliance with Article 8 and the Regulations.
- Substance examination to verify compliance with the provisions of Articles 6 and 7.
- Rejection and informing the applicant if the application falls short of requirements, with an opportunity for the applicant to submit a written opinion or amend the defect.
Publication of Notice of Invitation for Opposition
If the trademark application meets the criteria, the Office publishes a notice inviting opposition in the Intellectual Property Gazette or a widely circulated newspaper. This serves as a call for public scrutiny.
Opposition
Individuals objecting to the trademark registration can:
- Notify the Office within the prescribed period and manner.
- Pay the prescribed fee.
- Provide a written statement stating the grounds for opposition and supporting documents.
Pending Cases
During the period between publication and registration, the applicant enjoys the same privileges and rights as if the trademark were already registered. However, actions taken after publication may be defended if the trademark couldn’t have been validly registered at that time.
Registration of Trademarks and Issuance of Certificate
Trademark registration occurs if the conditions outlined in the Proclamation and Regulations are fulfilled, and no opposition is upheld. Upon payment of the prescribed fee, the Office issues a certificate of registration.
Notification of Registration
The Office notifies the registration through various channels, including the Intellectual Property Gazette, newspapers, radio, television, or a website, all at the expense of the applicant.
The Right to Appeal
Any person dissatisfied with the Office’s final decision has the right to appeal to the relevant court. Appeals must be submitted within 60 days from the date of notification.
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