Implementing Regulations Issued for New TM Laws

Form：Anhui CNT Trademark Law Firm Time：2013年3月3日 Views：874

Ethiopia: Implementing Regulations Issued for the New Trademarks Laws

On 7 July 2006, the Trademark Registration and Protection Proclamation was published under decree No. 501/2006; however, the implementing regulations were published and became effective as of 24 January 2013.

We list below the main aspects of the new law.

Trademark Filing Requirements

Power of attorney duly legalized at the consulate of Ethiopia and,
Legalised copy of Commercial Register, Business License, or national trademark registration certificate (the latter used to be the only accepted document when filing a trademark application).

Late filing of the above documents can be submitted within 3 months from the filing date without a payment of penalty fee.

Claiming Priority
Priority now can be claimed within 6 months of filing; a certified copy must be submitted within 3 months from the application date.

Examination
The Trademarks Office (TMO) will carry on a formal as well as substantive examination; subsequently the TMO may issue an examination report before the final rejection of application.

Notice of Publication as an Invitation for Opposition
The TMO shall publish a notice of invitation for opposition in the newspaper having nationwide circulation at the cost of the applicant. Any person can oppose against a published trademark.

Oppositions can be filed within 60 days from the date of advertisement.

Registration Duration
The registration of a trademark shall remain valid for a period of seven years from the date of the filing the application.

Recognition of Well-known Trademarks
Trademarks that meet the criteria of the well-known trademark scheme can be protected under this law in Ethiopia.

Renewal of Registration
Registration of a trademark can be renewed for a consecutive period of seven (7) years. The frequent notice of every two (2) years in a daily newspaper is no longer required.

Late Renewal
Grace period of 6 months is given after expiration incurring a penalty charge of extra 50% of the renewal official fees.

Searches
Time required to complete the search is seven (7) days.

Recordal of Assignment Requirements

Power of attorney duly legalized up to the consulate of Ethiopia;
Deed of assignment legalized, and
Legalised copy of Commercial Register or Business License of the licensee.

Notes:

Assignments can be filed for pending or registered marks.
The assignment must be recorded together with the business concerned in the goods in respect of which the said trade mark is respectively registered.
Co-owned assignments must obtain consent of the other party.

Pharmaceutical retail or wholesale services; pharmaceutical preparations retail or wholesale services; sanitary preparations retail or wholesale services; medical supplies retail or wholesale services; veterinary drugs retail or wholesale services; veterinary preparations retail or wholesale services.

This new regulation entered into force on 1 January 2013.