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Ethiopia
Information on the filing of Patents, Designs and trademarks in Ethiopia

 

BBEE Status: We have received our Level 2 Accreditation for 2013

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Head Office
Tel: (27)(12) 342 1774
Fax: (27)(12) 342 3027
222 Richard Street, Hatfield, 0028, South Africa
P.O.Box 13575 Hatfield 0028
Republic of South Africa
Docex 219 Pretoria
hahn@hahn.co.za

Cape Town Branch Office
E-mail:capetown@hahn.co.za

Office Hours:
Mon - Thurs: 08h00 to 16h30
Friday: 08h00 to 14h30
We are closed on Saturdays, Sundays and Public Holidays although our professional staff can often be reached on their emails after hours or by prior arrangement.

 

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PATENT REGISTRATIONS

Patent protection in Ethiopia is available via a national filing.

According to our information, Ethiopia has not signed any reciprocity agreements as regards the claiming of priority. However, from previous cases filed for clients in Ethiopia, it appears that the Ethiopian Patent Office is prepared to recognise priority claims provided the application is filed within 12 months of the first claim to priority.

The requirements for filing an application in Ethiopia are as follows:

a) a power of attorney notarised and legalised up to Ethiopian consular level;
b) an assignment of invention notarised and legalised up to Ethiopian consular level;
c) a copy of the specification (including claims, abstract and drawings) in the English language; and
d) a certified copy of the priority application notarised and legalised up to Ethiopian consular level.

Whereas item c) is required upon filing, items a), b) and d) can be filed up to 30 days after the Ethiopian application filing date

The patent application is subject to substantive examination which usually takes place within 3 years after all the formal requirements have been satisfied. Substantive examination can be avoided and grant expedited by filing a copy of a patent granted on a corresponding application in another country. In this manner a patent can be granted within a period of less than a year after the application is filed.

The cost of filing a patent application in Ethiopia is currently in the region of between about US$ 2800.00 and US$ 3000.00.

DESIGN REGISTRATIONS

Design protection in Ethiopia is available. According to our information, Ethiopia has not signed any reciprocity agreements as regards the claiming of priority. However, from previous cases filed for clients in Ethiopia, it appears that the Ethiopian Patent Office is prepared to recognise priority claims provided the application is filed within 6 months of the first claim to priority.

The requirements for filing an application in Ethiopia are as follows:

a) a power of attorney notarised and legalised up to Ethiopian consular level - can be lodged within 1 month of the filing date of the Ethiopian application;
b) an assignment of design notarised and legalised up to Ethiopian consular level - can be lodged within 1 month of the filing date of the Ethiopian application;
c) 4 graphic representations or drawings - required on the day of filing;
d) a certified copy of the priority application notarised and legalised up to Ethiopian consular level - can be lodged within 1 month of the filing date of the Ethiopian application; and
e) a verified English translation of the priority application (if applicable) - can be lodged within 1 month of the filing date of the Ethiopian application.

The cost of filing a design application in Ethiopia is currently in the region of between about US$ 2800.00 and US$ 3000.00.

TRADEMARK REGISTRATIONS

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated)
1.2 List of goods and/or services
1.3 Clear copy of device mark
1.4 A notarised Power of Attorney legalised by the competent authorities and the Ethiopian embassy in the relevant country
1.5 a certified (original) copy of the Home Registration Certificate granted in favour of the relevant trademark for use in connection with the same classes applied for in Ethiopia OR
1.6 a certified (original) copy of the Certificate of Incorporation of the applicant together with a certified (original) copy of its Trade License(s) corresponding to the same trade in connection with which the relevant trademark is used
1.7 The EIPO also requires that the applicant provides a brief description of the trademark in the application form or as an attachment thereof

2. General

2.1 Duration : 7 years from date registration and renewable for further periods of 7 years

3. Classification

3.1 The International Classification of Goods and Services (Nice Classification) is applied
3.2 Multiclass - Yes

4. Costs US$

4.1a Application: 1 trade mark in 1 class $2060; additional classes filed simultaneously $120 each
4.1b additional marks filed simultaneously $1900 each
4.1c Claiming priority: $35.00
4.2 Assignment : First trade mark $1200, additional marks filed simultaneously $860 each
4.3 Change of name or address: First trade mark $940, additional marks filed simultaneously $860 each
4.4 Renewal: First mark $1490, additional marks renewed simultaneously $1360 each
4.5 Searches: 1 mark in 1class $610 each; additional classes US$130 each

NEW TRADE MARK LAW IN ETHIOPIA

A new trademark law was published on 7 July 2006 whereby trade marks may be registered in Ethiopia. However, the Ethiopian Industrial Property Office will only make this law applicable once the regulations are promulgated. Until then, cautionary notices will be published as before.