Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

Ethiopia

Capital: Addis Ababa
Population: 64 million
Major languages: Amharic, Tigrinya, Orominga
Major religions: Christianity, Islam
Form of government: Multiparty republic
Monetary unit: 1 Birr = 100 cents
Main exports: Coffee, hides, oilseeds, beeswax, sugarcane
Internet domain: .et
Time zone: GMT+3
International dialling code: +251

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Trade Marks

International Arrangements:

None.

Protection available:

There are no statutory provisions for the registration of trade marks. Protection can, however, be obtained under a non-statutory but formalised system. This involves publishing a Cautionary Notice in English and Amharic language newspapers, and then filing cuttings with the Ministry of Trade and Industry.

In the absence of objections by third parties the Ministry will issue a ‘Trade Marks Certificate’.

This process must be repeated at intervals of six years, and in addition short-form Notices must be published every two years.

Classification:

Until recently, classification was not referred to. However, we now recommend that lists of goods/services be classified. A single application may include goods and/or services in any number of classes.

Documents required:

A. First Cautionary Notices

Power of Attorney.*
Certified copy of corresponding home registration or, in the absence thereof, any foreign registration * - with English translation,(Statements of Property Use and Protection are no longer allowed).
12 prints, except for word marks in ordinary type.

B. Subsequent Cautionary Notices

Six-yearly re-publications
Power of Attorney - only if we have not attended to previous publications.*
Copy Registration as in A(2).*
Two-yearly short Notices - no supporting documents required.

C. Assignments/Mergers

Power of Attorney.*
Either Deed of Assignment or other instrument of title * - with English translation, or
Certified copy of corresponding home or foreign registration, reflecting the assignee as the proprietor * - with English translation.

D. Change of Name

Power of Attorney.*
Either Certificate of Change of Name * - with English translation, or
Certified copy of copy of corresponding home or foreign registration reflecting the change of name * - with English translation.

E. Change of Address

Power of Attorney.*

F. Licences/Registered Users

Not strictly necessary to record, but may be advertised and notified to the Ministry as part of the process described above.
No documents are required, if dealt with at that stage.

* To be legalised up to an Ethiopian Consul.

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Trade Mark Forms

ethiopiatrd.pdf

Patent Forms

Assignment.pdf
ETHIOPIA.pdf

Related News Articles

1) New Draft Trade Mark Legislation in Ethiopia

2) Circular No. 362: Ethiopia - Statements of Property, Use and Protection no Longer Allowed

Patents

International arrangements:

WIPO (from 19 February 1998)
Although Ethiopia is not a member of the Paris Union, priority may still be claimed from a foreign application filed not more than twelve months previously.

Types of Patents available:

Patents of Invention
Patents of Introduction (Patents of Importation)

Novelty requirements:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence of:

acts committed by the applicant or his predecessor in title, or
an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented.

Filing requirements:

Patents of Invention:

Power of Attorney (legalised) (can be late filed within two months)
Specification, claims and abstract in English (required on the day of filing)
International Patent Classification (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Assignment of Invention (legalised)
Certificate of Incorporation (legalised)
Priority document with verified English translation (to be lodged within three months)

Patents of Introduction:

Power of Attorney (legalised) (can be late filed within two months)
Specification, claims and abstract in English (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Certificate of Incorporation (legalised)
Certified copy of basic foreign granted patent (legalised)(required on the day of filing)
List of corresponding foreign granted patents (legalised) (can be late filed, no set deadline)

Grant:

The term of a patent of invention is fifteen years from the filing date. However the term of the patent may be extended for a further period of five years provided that proof is furnished that the invention is being properly worked in Ethiopia. The patent of introduction expires with the patent on which it is based, with a maximum term of ten years. Renewal fees fall due annually commencing on the first anniversary of the filing date.

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