Trademarks in Ethiopia

Competent Authority

• Name of Office: Ethiopian Intellectual Property Authority (EIPA).
• Working Language: English or Amharic.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Ethiopia is not a member of the Madrid Agreement or the Madrid Protocol; protection must be secured via direct national filing.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants without a domicile or principal place of business in Ethiopia must appoint a local authorized trademark agent or representative.
• Power of Attorney (POA): Required; must be signed by the applicant, notarized, and fully legalized up to the Ethiopian Embassy or Consulate.

Online Filing and Search

• Electronic Filing: Direct online filing portals are typically restricted or unavailable for international/foreign applicants, requiring paper-based submissions handled through local representatives.
• Trademark Search: Available via EIPA office records or preliminary clearance searches conducted by local agents prior to application filing.

Protectable Trademark Types

• Word marks, figurative marks, and combined word-and-design marks.
• Foreign text must include authenticated translations or transliterations where applicable.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported.

Examination

• Scope: EIPA conducts both formal (administrative and document completeness) and substantive examinations covering absolute grounds (distinctiveness, public order) and relative grounds (prior conflicting rights).

Publication and Opposition

• Opposition System: Once approved by examiners, the application is published in the official IP bulletin or a designated national media platform. Interested third parties may file an opposition within 60 days of the publication date (with possible extensions).

Timeframes

• Registration Timeline: Approximately 6 to 12 months for a straightforward, unopposed application, though backlogs can occasionally extend timelines.

Official Fees

• Fee Schedule: Baseline official administrative tariffs include application filing fees (e.g., set at 1,750 ETB under core EIPA schedules) alongside publication and certificate issuance charges. Private professional service fees and consular legalization costs apply separately for foreign applicants.

Duration and Renewal

• Protection Term: 7 years calculated from the filing date.
• Renewal Window: Renewable for subsequent 7-year blocks. Renewal applications can be filed within the final 12 months prior to expiration, backed by a 9-month grace period subject to late surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions if it is not put to genuine commercial use for a continuous period of 3 years following registration.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the owner must be formally recorded with EIPA to ensure legal validity and enforceability against third parties. Recordals require properly legalized supporting documents.

Legal Remedies & Enforcement

• Enforcement: Handled via civil and criminal court actions against infringement and counterfeiting. Protection extends to well-known marks under domestic statutory provisions and unfair competition laws.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.