Trademark Registration Eritrea
Eritrea gained independence from its southern neighbor Ethiopia on May 24, 1993. Since then, the government has been busy establishing and maintaining a functioning government structure, securing development funds, and dealing with a border conflict with Ethiopia. A trade register was established at an early stage for the registration of trade names and marks of licensed traders operating in Eritrea. No provisions are made for such registrations by non-Eritrean companies. The enactment of a law on industrial property and the establishment of a separate office for industrial property are currently under consideration, and there are currently no laws on industrial property in Eritrea. The government has occasionally accepted the publication of warning notices in the state-owned national newspaper, but this practice is currently suspended. There is currently no procedure for the protection of trademarks in Eritrea.
| Flat fee incl. official fees | Yes |
|---|---|
| Classes included | 1 |
| Multiple classes possible | no classification required |
| Protection Period (years) | n.a. |
| International Registration possible | No |
| Power of Attorney must be notarized | No |
| Legal Advice | Yes |
| Process Duration (est. in months) | 1 |
Trademark Registration in Eritrea
With this assignment you can order a cautionary notice for trademark protection in Eritrea. We will take care of everything that is necessary for the professional preparation of the trademark protection in Eritrea, submission of the trademark cautionary notice in Eritrea and send a report to you.
The price for trademark registration in Eritrea includes our professional fees as well as the official fees.
Trademark Law in Eritrea
Due to the existing administrative problems at the Eritrea Patent & Trademark Office, still the patent department is not functional.
There is no legislation that provides for the protection of trademarks the Eritrea. Trademark protection is acquired by sufficient public recognition.
The measure of protection in practice is by publishing cautionary notices at regular intervals in local Arabic/English newspapers, thereby claiming ownership of the patent and warning third parties against infringement. Such notices have legal value when submitted to the Courts in the event of infringement.
Information required for Cautionary Notice in Eritrea:
• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Claims
• Priority claims
• Abstracts
• Specifications
Classification
As there is no method for protecting trademarks in the Eritrea, there is no classification system used.
Trademark Protection Procedure in Eritrea
Protection of trade marks is only acquired by way of common law, i.e., by publishing cautionary notice in the leading newspaper. A cautionary notice may be published for multiple-classes or separate cautionary notices may also be published for each class.
An application can include goods or services in any number of classes, but with additional charges (publication fees with the newspaper company) for each additional class.
Timeframe
This entire process of acquiring trademark protection by Publishing a cautionary notice may take approximately 3 to 4 weeks time.
National Opposition Period
By publishing a cautionary notice in the leading newspaper in Eritrea as per common law, the public at large are made aware of the sole ownership/proprietorship on the mark and in case of any infringement, the same may be brought to the notice of the Court.
Duration
Since there is no trademark law in the Eritrea, protection of trademarks is only by way of common law, i.e., by publishing a cautionary notice in the leading newspaper. Therefore, there is no provision for renewal of the mark. However, it is recommended that the cautionary notice(s) be re-published every two to three years.
Ask us! We will gladly advise you.
Jens Liesegang
Attorney-at-Law, Certified IP Lawyer
Normen Lang
Attorney-at-Law, Certified IP Lawyer and Certified lawyer for Information Technology Law
Service overview regarding trademark registration
Legal advice by specialist attorneys by telephone, email or video on the planned trademark application
Examination of the trademark for registrability (absolute grounds for refusal such as the need to keep the trademark free due to descriptive indications, lack of distinctiveness)
Optional: Trademark search for similar trademarks and related advice
Preparation of the list of goods and services for optimal protection
Filing of the application and sending of the confirmation of the application
Correspondence with the Trademark Office, if necessary adjustment of the list of goods and forwarding of objections without further costs. Opposition proceedings and comments on refusals only against separate remuneration.
Examination and sending of the trademark certificate
optional: trademark monitoring due to conflicting trademark applications
Testimonials From Our Clients
What is a trademark?
A trademark is for your brand name or logo which identifies your product or services. It can be a word, letter, number, phrase, symbol, shape or combination thereof. A unique brand name or logo is used to differentiate your product/service as distinct from others in the industry. To secure legal protection for your brand name or logo you need to get it registered.
What trademarks are NOT registerable?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
What does a trademark application cost in other countries?
We have prepared a cost overview of the costs of trademark registration in all countries. In it, you will find a table listing all the costs for filing a trademark application. The costs include all attorney fees and the costs of the trademark offices.
What are the benefits of a trademark registration?
Although unregistered trademarks receive some protection in different countries, trademarks can be further protected through registration. A trademark registration provides additional substantive and procedural rights. In this article you can find more details about the benefits of a trademark registration.
When can I use symbol (R) or TM?
Symbol “TM” can be used after filing of trademark application. (R) should be used only after registration of trademark. The ® symbol may only be used in connection with the goods and services listed on the registration certificate.
How do I find and register a trademark?
We have summarized in an article how to proceed strategically to develop and protect a meaningful trademark in our article Strategy for Trademark Finding.
What are Nice Classes?
Trademarks need to be protected for specific goods or services. Here you can learn more about the Nice Classification and for which goods your trademark should be registered.
What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Will my trademark registration be valid for all types of services and goods?
Trademarks are registered for specific goods or services. Therefore they are only valid for these specific goods. The classes, to which these goods or services belong, are only relevant for the calculation of fees and to narrow searches for similar trademarks. A trademark can also be infringed if an identical or similar sign is used for similar goods or services. Goods or services are similar if they are complimentary or serve the same purpose, are usually produced or offered by the same undertakings and distributed in the same channels.
Should I conduct a trademark search before filing for an application?
Yes, it is advisable to conduct a trademark search before filing an application for registration. Before making an application for registration it is reasonable to review trademarks that are already registered, just to make sure that the proposed trademark is not denied due to similarity with other trademarks. It will save you both time and money. You can order a professional trademark search here.
How do I register a trademark?
In our article "How do I register a trademark?" we explain the steps involved in a trademark application and the best way to proceed.
What is the difference between a word mark and a word/figurative mark?
There are different types of trademarks. The most important ones are the word mark and the word/figurative mark. In our article What's the difference between a word mark and a word/figurative mark, we explain the differences and which type will give you the most trademark protection.