Ethiopia

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

8th Edition

NA
WELL-KNOWN TRADE MARKS RECOGNISED?

no specific provision

No patent or design protection avaiable

OAPI

ARIPO

International Arrangements

None.

Classification

Ethiopia follows a multi-class filing system and recognises both goods and services classes in terms of the 8th Edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 25 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration. Trade marks may be opposed within 60 days of the date of publication.

Common Law and Well-Known Trade Marks

Ethiopia is a first to file jurisdiction. Common law trade mark rights are recognised although not specifically dealt with in terms of existing legislation. Well-known trade marks are also not specifically recognised in Ethiopia.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

NA
ARIPO
NA
OAPI
NA
PARIS CONVENTION
NA
PCT
No patent or design protection avaiable

OAPI

ARIPO

International Arrangements

  • Convention Establishing the World Intellectual Property Organization (WIPO).
  • Ethiopia, although not a party to the Paris Convention, recognises the twelve-month priority period.

Types of Patents

  • Patents of invention; and
  • Patent of introduction.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A one-year general grace period is provided for.

Examination procedure

Patent applications are examined as to compliance with formal requirements and is forwarded (normally) to the African Regional Intellectual Property Organisation for substantive examination.  

Substantive examination may be avoided if the applicant can furnish proof of a family member having been granted in a jurisdiction which subjected the invention to substantive examination.

Duration & Maintenance

Patents of invention are valid for fifteen years from the date of filing the patent application and may be renewed for a further five years: Provided the applicant can proof that the patent is being exploited in Ethiopia.

Annual renewal fees are payable, from the second anniversary of the filing date, for both pending and granted patents.  There is provided for a six-month grace period within which a late annual renewal fee may be paid.

Patents of introduction are valid for a period of ten years from the date of filing and subject to certain peremptory provisions.

Working Requirement

A patent must be worked within three years for the date of grant of the patent.

Design

Forms part of

NA
ARIPO
NA
OAPI
NA
PARIS CONVENTION
No patent or design protection avaiable

OAPI

ARIPO

International Arrangements

Convention Establishing the World Intellectual Property Organization (WIPO).

Types of Designs

Any new composition of lines or colours or any three-dimensional form, whether or not associated with the lines or colours, which gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft can be registered and protected as an industrial design.

Classification 

The Locarno International Classification is used, even though Ethiopia is not a party to the Locarno Agreement.

Novelty Requirements

Absolute novelty applies.

 

Grace Period/Prior knowledge

There is provided for a one-year grace period.

Examination procedure

Design applications are examined as to compliance with formal requirements, novelty and industrial applicability.

Duration & Maintenance

An industrial design endures for an initial period of five years and may be renewed (on application) for a ten-year period, five years at a time.

Annual renewal fees are not payable, but renewal fees are payable upon filing a request for the extension of the industrial design (for a further five-year period).

Working requirement

There is no requirement for working the industrial design in Ethiopia.