Intellectual PropertyProfessionals working on Trademark Protection in Ethiopia used to believe that“well known” trademarks will have protection irrespective of the fact that theyare not registered in the Ethiopian Intellectual Property Office. But this isfar from the reality. Having a deep look at the Ethiopian Intellectual PropertyProclamation will illustrate this.
Article 23 of TheIntellectual Property Proclamation no 501/2006 specifically stipulates that“well known” trademarks will get protection when Ethiopia becomes a signatoryparty to the international convention.
Despite that mostlawyers in Ethiopia and Intellectual property agents working on trademarkregistration in Ethiopia used to have an unreal sense of security due to thefact of being ““well known” Trade Mark.
One should know thefact that Ethiopia has not yet signed the Paris Convention accordingly ““wellknown” trademarks will not be protected unless they are registered just likeany other trademark that needs to obtain trademark protection in Ethiopia. Thisvery fact is also approved by the Ethiopian Intellectual Property Office.According to the currently applicable law and its following practice oftrademark protection in Ethiopia, anyone can get a “well known” trademarkregistered under its name, unless it is registered just like any other mark. Infact this person will have a better right than the real owner of the mark whichhas created and added value to it via numerous years of good will.
Consequences of NotRegistering
If a company with a“well known” trademark fails to go through the proper procedures and registerits mark in Ethiopia, the trademark, however known it may be, will not get anyProtection in Ethiopia.
This means anycompany or person who wishes to register this mark under its name will not beprohibited from doing so. If that happens not only will original owner not beable to press any charges against the infringers but, the original owner willalso loss its own right with respect to this very Trade Mark. This isbecause the infringers will be the one who is going to be legally presumedowner since it has gone through all the necessary procedures to register thetrademark.
So, we stronglyrecommend all “Well Known” trademark owners to register their trade marks inEthiopia in order to guarantee protection. This is a preventive method thatwould help trade mark owners from being victims of infringements by any marketthat is trying to break into African, especially Ethiopian Market, under theunfair disadvantage of long developed trademark.
If you have anadditional question, comment or need practical support on trademark protectionin Ethiopia Contactus.
“Copyright © 2009-2014 Fikadu Asfawand Associate Law Office”
Related notes
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Ø Whyand How to protect your Trademark in Ethiopia
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Ø Howto Protect Patent under Ethiopian Law: a legal brief on the Inventions, MinorInventions and Industrial Designs Proclamation of Ethiopia
Note: This guideprovides vital information on Ethiopian Intellectual Property law and practiceespecially Trademark Protection in Ethiopia. Any pertinent information aboutTrademark in Ethiopia, Patent in Ethiopia, can be available from any EthiopianIP Lawyer, Ethiopian Trademark Lawyer, Ethiopian lawyer or EthiopianAttorney.