Understanding the details of the Protection of Collective and Well-Known Trade Marks in Ethiopia is crucial for businesses seeking to protect their brands. This comprehensive guide addresses the key steps and considerations involved in The Registration and Protection of Collective and Well-Known Marks under Ethiopian law.
Section 1: Registration of Collective Trademarks
1.1 Application and Designation
When initiating the registration process for a collective trademark, it’s essential to explicitly designate it as such. Alongside the application, provide a copy of the statutes governing the use of the collective trademark, ensuring clarity and adherence to regulatory requirements.
1.2 Applicability of Proclamation Provisions
The regulations governing the registration of trademarks, as outlined in this proclamation, extend seamlessly to cover the registration of collective trademarks. This streamlined approach ensures consistency in the registration process.
1.3 Detailed Statutes
The statutes accompanying the application must provide comprehensive details, including the association’s name, headquarters, objectives, and representatives. Furthermore, the statutes should outline the group entitled to use the trademark, conditions for use, and the rights and obligations in cases of trademark infringement.
1.4 Statute Updates
To maintain the accuracy of collective trademark registration, owners must promptly inform the Office of any changes made to the initially submitted statutes. This ensures a dynamic and up-to-date record of the collective trademark’s governance.
Section 2: Eligibility for Collective Trademark Registration
Trade unions, trade federations, and associations hold the privilege of applying for the registration of collective trademarks. This provision serves as a proactive measure to protect the rights of their members and emphasizes the collective nature of the trademark.
Section 3: Cancellation of Collective Trademark Registrations
3.1 Grounds for Cancellation
The registration of a collective trademark may face cancellation under various circumstances, including the dissolution of the registered owner, failure to meet proclamation requirements, unauthorized use, or if the statutes contain provisions contrary to public order or morality.
3.2 Post-Cancellation Restrictions
After the cancellation of a collective trademark, a new registration for the same goods or services is prohibited for a period of seven years. This measure prevents immediate reappropriation and underscores the importance of adherence to trademark regulations.
Section 4: Transparency and Amendment
4.1 Statute Accessibility
The statutes governing the use of a registered collective trademark are open to public inspection, fostering transparency within the trademark system.
4.2 Effective Amendment Process
Amending the statutes requires filing the amended version with the Office for it to be effective. The Office may, where necessary, publish the amended statutes to invite opposition and observations from concerned parties.
Section 5: Protection of Well-Known Trademarks
5.1 International Convention Protection
Well-known trademarks protected under international conventions are extended protection under Ethiopian law, provided they are well known in Ethiopia and associated with an individual meeting specific criterion.
5.2 Determining Well-Known Status
Recognition of a trademark’s well-known status in Ethiopia is contingent upon its awareness within the relevant sector of the public. This includes knowledge obtained through promotional efforts contributing to widespread recognition. There were cases in Ethiopia that being a well known trademark may not give much protection unless the trademark is registered.
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