Examination of Trademark Applications in Ethiopia

The examination process for trademark registration in Ethiopia is a crucial step in the trademark registration process. The Ethiopian Intellectual Property Office (EIPO) is responsible for conducting this examination, which is performed to ensure that the trademark application complies with all relevant laws and regulations. In this article, we will explore the different stages of examination and what they entail.

  1. Examination as to form: The first stage of examination is to check if the trademark application meets the requirements of Article 8 of the Trademark Proclamation of Ethiopia and the Regulations. This includes checking if the application is submitted in the prescribed form, accompanied by the required fee and documents, and if the application covers only one trademark. If the application does not meet these requirements, the EIPO will reject the application and inform the applicant in writing of the reasons for the rejection.
  2. Examination as to substance: The second stage of examination is to ensure that the trademark complies with the provisions of Articles 6 and 7 of the Trademark Proclamation. This includes checking if the trademark is distinctive, not misleading, and not similar to any existing trademarks in respect of the same or similar goods or services. If the trademark does not meet these requirements, the EIPO may reject the application.
  3. Rejection of Application: If the EIPO determines that the trademark application does not fulfil the requirements of the Trademark Proclamation and the Regulations, the application will be rejected. The applicant will be informed of the rejection in writing, along with the reasons for the rejection. Before making a decision of rejection, the EIPO will fix a reasonable time for the applicant to submit their opinion in writing or to rectify the defect.
  4. Rectification of Defects: If the applicant has the opportunity to rectify any defects in the trademark application, they should do so within the time limit set by the EIPO. If the defects are rectified and the trademark application now meets all requirements, the EIPO may proceed with the examination process. If the defects are not rectified, the EIPO will reject the application.

In conclusion, the examination process for trademark registration in Ethiopia is crucial for ensuring that trademarks are in compliance with all relevant laws and regulations. It is important that applicants understand the requirements and follow the proper procedures to ensure a smooth examination process and successful trademark registration.