If you represent an association willing to register trademarks in Ethiopia you may find this relevant. How does the law view collective trademarks? Do special proceedings exist regarding its registration? Here is an overview?
Collective trademarks and well known trademarks basically serve the same purpose as average trademarks. They are slightly different from original trademarks in the interests they represent and therefore vary in their requirements for registration and maintenance for certification.
Collective trademarks distinguish those goods and services made by an association as opposed to a sole business owner. Trade unions, trade union federations or associations can apply for a collective trademark ownership. The provisions concerning the registration of trademarks basically apply in registering a collective trademark. But it is also an added requisite that an application for the registration of a trademark be accompanied by a copy of rules that state the conditions under which such trademark is to be used. Specifically, the name of the association, its headquarters, objectives, representatives, group of people who will be using the trademark, the conditions for use, the rights and obligations of the parties concerned in case of infringement shall be included in this document.
Registration shall not be effected until it has been filed in this office and a trademark may not be registered and if registered such registration may be cancelled if such laws are found to be contrary to public order or morality. The laws governing the use of a registered trademark shall be open for public inspection and where and if they are amended, such amendment too shall be filed in the office after the requisite inspection is carried out in its respect.
A collective trademark registration is subject to cancellation. A trademark hence cancelled may not be renewed nor used for seven years. The registration of a collective trademark may be cancelled by the office where
- The association to which the trademark has been granted to is dissolved
- Where the association no longer satisfies the requirements of the proclamation
- The registered owner has used the trademark or knowingly allowed it to be used in conditions other than those prescribed in the statutes.
- The statutes contain provisions contrary to public order and morality
If you have any question or comment or need to get a practical legal support in this regard please Contact us.
Any pertinent information about trade mark registration and protection can be available from any Ethiopian Lawyer, Ethiopian Trade mark Lawyer, Ethiopian Copyright Lawyer or Ethiopian Intellectual Property Lawyer.
