Renunciation, Cancellation, and Invalidation of Trademarks under Ethiopian law
In the world of trademarks, there are circumstances where a trademark owner may need to relinquish their rights, or where the registration of a trademark could be cancelled or invalidated. Understanding these processes is crucial for both trademark owners and those seeking to protect their own trademarks. In this guide, we’ll address the concepts of renunciation, cancellation, and invalidation of trademarks, with a focus on the Ethiopian Trademark laws.Renunciation of Trademark Right
Renunciation is the voluntary act of giving up or relinquishing a right. In the context of trademarks, the owner of a registered trademark in Ethiopia can renounce the registration either entirely or in part. To do this, they must apply to the Ethiopian Intellectual Property Office (EIPO) for the cancellation of the registration of the trademark.
If a registered trademark is subject to a license contract, the request for renunciation of the right will only be accepted if the licensee provides written consent to the renunciation.
After receiving the renunciation application, the EIPO will publish the renunciation in an intellectual property gazette or a newspaper with nationwide circulation. The renunciation becomes effective only after the decision for cancellation is entered into the register.
Cancellation of Trademark for Non-Use
A trademark in Ethiopia can be cancelled for non-use. Any interested person may submit a written request to the EIPO for the cancellation of a trademark registration on the grounds that the trademark has not been used.
A trademark is considered not in use if it has not, without legitimate reason, been used in Ethiopia during a continuous period of at least three years preceding the date of the cancellation request. This non-use must apply to any of the goods or services for which the trademark was registered.
The EIPO will cancel the registration of the trademark if it ascertains that the conditions for non-use are met. If the owner can prove non-use only for some of the registered goods, the EIPO will make a partial cancellation. However, non-use due to force majeure will not lead to cancellation.
Invalidation of Registration
The registration of a trademark may be invalidated if it is proved not to have initially fulfilled the conditions laid down under Ethiopian trademark law. This can be initiated by a written request from any interested person or by the EIPO itself.
Prior to invalidation, the EIPO will inform the owner in writing of the grounds for invalidation. If invalidation is made in respect of parts of the goods or services for which a trademark is registered, it will only affect those parts.
Effects of Invalidation
The decision declaring the invalidation of a trademark registration is effective as of the date of registration. The EIPO will publish the invalidation of the registration in an intellectual property gazette or a newspaper with nationwide circulation.
If a trademark has been subject to a license and the licensor has benefited from the license contract, the invalidation of the registration will not enable the licensee to claim reimbursement of paid fees.
Extension of Time
In certain circumstances, the EIPO may extend the time limit prescribed for the execution of any act under Ethiopian trademark law and regulations. This extension can be granted through a written request, with notice to the parties concerned, and upon such terms as the EIPO may direct.
Understanding the processes of renunciation, cancellation, and invalidation of trademarks is essential for both trademark owners and those seeking to protect their trademarks. By knowing these processes, individuals and businesses can navigate the complexities of trademark law in Ethiopia effectively.
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