Trade Name Protection in Ethiopia and Determination of Misleading Similarity
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Date
2024-09
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Addis Ababa University
Abstract
Establishing a robust reputation, cultivating goodwill, and fostering trust among customers are
paramount for businesses, necessitating a singular and identifiable business identity. This study
looks into the critical role of trade names as identifiers and their significance in accruing reputation
and trust. Despite their centrality, there exists a persistent confusion between trade names and
business names within commercial registration and licensing laws in Ethiopia. This research
addresses the lacuna in the Commercial Registration and Licensing Proclamation (CRLP), where
the distinction between trade names and business names remains elusive. While international and
Ethiopian laws recognize trade names as property rights, the CRLP lacks clarity on the specific
property rights embedded in trade names, leaving a potential gap in legal protection. Furthermore,
the study explores the propensity of trade names to cause confusion, emphasizing the subjective
nature of determining confusion based on factual evidence or individual opinions. Despite legal
protection, the Ethiopian trade name regime lacks a clear rule against confusion, particularly
concerning trade name infringement. Given that the primary purpose of legal recognition is to
provide remedies for infringements, this research advocates for a comprehensive delineation of
rights and the incorporation of effective enforcement provisions within the legal framework. By
addressing these gaps, the study aims to contribute to a more coherent and protective legal
environment for businesses, fostering a conducive atmosphere for the growth of reputation,
goodwill, and trust.