Trademarks Law in Eritrea
Trademark Law in Eritrea
๐ Governing Legislation:
Eritrea's trademark law is primarily governed by the Trademark and Trade Names Proclamation (Proclamation No. 37/1996).
Administered by the Eritrean Intellectual Property Office (EIPO).
Eritrea is not a member of the African Intellectual Property Organization (OAPI) or the African Regional Intellectual Property Organization (ARIPO).
Eritrea has limited participation in international IP treaties.
๐ What is a Trademark?
A trademark is any sign, including words, names, symbols, designs, or combinations, capable of distinguishing the goods or services of one enterprise from those of others.
๐ Trademark Registration:
Registration is mandatory to obtain protection.
Applications are filed with the Eritrean Intellectual Property Office (EIPO).
Application must include a clear representation of the mark and a list of goods or services.
๐ Requirements for Registration:
The mark must be distinctive and not generic or deceptive.
It must not conflict with earlier registered marks or well-known marks.
Must not violate public order or morality.
โณ Duration of Protection:
Initial registration period is 10 years from the filing date.
The trademark can be renewed indefinitely for successive 10-year periods.
๐ก๏ธ Rights Conferred:
Exclusive right to use the trademark in Eritrea.
Right to prevent unauthorized use, imitation, or registration by others.
Right to license or assign the trademark.
โ๏ธ Enforcement and Remedies:
Trademark infringement can be addressed through civil courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal sanctions may apply for intentional infringement.
๐ International Treaties:
Eritrea is not a party to major international trademark treaties like the Madrid Protocol, Paris Convention, or TRIPS Agreement.
Limited participation in international IP frameworks; largely relies on domestic law.
๐ Summary Table:
| Aspect | Detail |
|---|---|
| Law | Trademark and Trade Names Proclamation No. 37/1996 |
| Office | Eritrean Intellectual Property Office (EIPO) |
| Registration | Required for protection |
| Duration | 10 years, renewable indefinitely |
| Rights | Exclusive use, enforcement, licensing |
| Enforcement | Civil and possible criminal remedies |
| International Treaties | Limited; no membership in major treaties |
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