Rights Acquired by a Registering a Trademark in Ethiopia

The Importance of Registered Trademarks in Ethiopia

Trademarks play a vital role in protecting the unique identity and reputation of a business in the market. In Ethiopia, registering a trademark confers several rights and benefits to the owner, which can be crucial for the success and growth of the business. In this article, we will discuss the rights conferred by a registered trademark in Ethiopia and the limitations of these rights.

Rights Conferred by Registration

The owner of a registered trademark in Ethiopia has the right to use or authorize any other person to use the trademark in relation to any goods or services for which it has been registered. In addition to this, the registration of a trademark confers the right to preclude others from using a trademark or a sign resembling it in a way that is likely to mislead the public for goods or services in respect of which the trademark is registered. The owner of a registered trademark can also prevent others from using a trademark or a sign resembling it without just cause and in conditions likely to be prejudicial to their interests.

Likelihood of Confusion

The likelihood of confusion is an important factor in trademark law. In Ethiopia, if the use of an identical sign for identical goods or services is likely to mislead the public, a likelihood of confusion shall be presumed. This means that the owner of a registered trademark can prevent others from using a trademark or a sign resembling it that is likely to confuse the public.

Well-known Trademarks

The provisions of Article 26 of the Trademark Proclamation of Ethiopia apply, mutatis mutandis, in any action instituted by the owner of a well-known trademark against any person in respect of the unlawful use of the well-known trademark. This means that the owner of a well-known trademark has additional rights and protections in Ethiopia, which are similar to those conferred by the registration of a trademark.

Limitations of the Rights Conferred by Registration

While registration of a trademark confers several important rights to the owner, it is important to note that these rights are not unlimited. For example, the registration of a trademark does not confer the right to preclude third parties from using the trademark in relation to goods lawfully sold in any country under that trademark, provided that these goods have not undergone any change.

Additionally, the registration of a trademark does not confer the right to preclude third parties from using their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin, time of production or supply of their goods or services in so far as such use is confined to the purposes of mere identification or information and cannot mislead the public as to the source of the goods or services.

The registration of a trademark confers several important rights and benefits to the owner, but it is important to note that these rights are not unlimited. By understanding the rights conferred by a registered trademark and the limitations of these rights, businesses can better protect their intellectual property and achieve success in the market.