Trademark registration in Armenia
1) DESIGNATIONS REGISTRABLE AS A TRADEMARK
The following signs represented graphically may be registered as trademarks:
1. words, phrases, names, or slogans;
2. letters or figures;
3. pictures, images or symbols;
4. three-dimensional images, in particular the shape of goods or of their packaging (container);
5. holograms, colors, combinations of colors or compositions;
6. sounds;
7. any combinations of signs referred to in subparagraphs 1 to 6.
2) THE REGISTRATION PROCESS
The state registration of a trademark shall be carried out on the basis of the filed application in accordance with procedure which is submitted to the Intellectual Property Office.
Examination on the filed application is conducted:
1. Preliminary examination, which is conducted within 10 working days after setting the date of submission of the application. As a result of the preliminary examination, a decision to publish the application and conduct a substantive examination is made;
2. Publication, which is carried out basis on the decision on application publication and conduction of substantive examination, within 15 working days after the day of the decision. The application is published in the official bulletin of “Industrial Property”;
3. Substantive examination of the application, which is conducted within three months from the date of publication of the application. During the substantive examination, the existence of absolute and relative grounds for refusal provided for in Articles 9 and 10 of the Law is checked;
4. Registration. If, based on the results of the examination in the manner prescribed by law, a decision is made to register or partially register a trademark, then within 20 working days from the date of submission to the intellectual property office of a payment receipt of state fee in the established amount, a registration certificate is issued.
3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION
The Law of RA on Trademarks does not provide accelerated r registration provisions.
4) TRADEMARK REGISTRATION TIMELINE
The general period of receiving, registering, considering and issuing a trademark application is six months.
5) TRADEMARK REGISTRATION DURATION AND RENEWAL
The term of validity of a trademark registration is ten years, starting from the date of application filing.
A trademark registration period may be extended several times for a period of ten years for all goods and services (or) services or for a part of them.
6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?
Yes, it can be used the designation submitted for registration as a trademark. However, you should make sure that you are not using someone else's trademark that is identical or similar to the point of confusion with your declared one.
7) TERMS OF TRADEMARK USE
The owner of the trademark is obliged to use the trademark. Any interested party may challenge the registration of the trademark in court due to its non-use during the three years preceding the date of filing a claim in court.
8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER
The trademark is protected in the territory of the state where it is registered. Thus, a trademark registered in the Republic of Armenia has legal protection only in the territory of the Republic of Armenia. This means that your trademark can be used in foreign countries even be registered there by any other person. If there is a certificate, the owner protect the right to a trademark in ways not prohibited by law.
Author: Ani Baburyan