The Interface between Trademark and Trade Name in Ethiopia

Abstract

The main purpose of trademark is to guarantee a product’s genuineness, which is used by a manufacturer or seller to distinguish its product from those of others. On the other hand, a trade name is a means of identifying a business or its products or services to establish goodwill. Trade name symbolizes the business’s reputation. However, in many cases, it is difficult to distinguish a trade name from a trademark, especially when the mark or the name is printed on a certain product. Using a similar sign or word as trade name and trademark by different parties has the capacity to create likelihood of confusion misleading the consumer. The trademark proclamation has also failed to address the issue in an explicit manner. Thus, this commentary is aimed at addressing the legal gaps with respect to administering the issue. To this end, the following questions are posed in order to distinguish between the two concepts: what is the interface between trademark and trade name in Ethiopia? Whether trademark bars subsequent registration of the same mark as a trade name, if so what is the notion for the restriction?