Trademark registration in Mongolia

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Trademarks may be expressed in words, figures, letters, numbers, three-dimensional shapes, colors, combination of colors, sound, scent or any combination thereof.

2) THE REGISTRATION PROCESS

The trademark registration procedure in Mongolia typically involves the following steps:

1. Application Submission: Submit a trademark application to the Intellectual Property Office of Mongolia (IPOM) with the necessary details, including the applicant’s information, trademark image, and list of goods/services the trademark will cover;

2. Examination: The IPOM will examine the application for compliance with formal requirements and conduct a search to ensure there are no conflicting trademarks;

3. Publication: If the application passes the examination, it will be published in the Official Gazette for public opposition. Other parties have a designated time frame to oppose the registration if they believe it conflicts with their rights;

4. Opposition Period: During the opposition period, which usually lasts a few months, third parties can file oppositions against registering your trademark if they believe it infringes upon their rights;

5. Registration: If no opposition is raised during the opposition period, or if oppositions are resolved in the client’s favor, the trademark will be registered.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

In an accelerated procedure, the total period for conducting an examination is reduced to 6 months. After the publication of trademark applications, interested parties have three months from the initial filing date to file objections. For applications with an urgent service fee, judgments and conclusions will be issued within three months of the opposition period ending.

4) TRADEMARK REGISTRATION TIMELINE

Exact procedures and requirements can vary and assessment is concluded within 9-12 months, with the possibility of a 6-month extension if necessary.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

Trademarks in Mongolia are typically valid for ten years from the registration date. They can be renewed for ten-year periods by submitting renewal applications and paying the required fees.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Trademarks submitted for registration can be used. However, it's important to exercise caution and ensure it doesn't infringe on existing trademarks. This means avoiding any names or designs identical to, or confusingly similar to, someone else's registered trademark.

7) TERMS OF TRADEMARK USE

A trademark is considered used in the following cases:

1. When it appears on the goods themselves, their packaging, containers, or in the advertising of services associated with the trademark;

2. When trademarked goods are offered for sale, supplied, stored for sale, or when the services are provided;

3. When goods bearing the trademark are imported or exported;

4. When the trademark is used in official documents, presentations, on the internet, or in advertising materials.

The owner of a registered trademark may use the symbol ® (circled R) with the trademark to indicate its registered status.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The owner of a registered trademark shall exercise the following exclusive rights: to use the trademark, to license the trademark, to sell or transfer the trademark, to prevent infringement, to prevent dilution, to seek damages. If you believe the above exclusive rights have been violated, you can file a complaint with the Dispute Resolution Board of the IPOM. And if you disagree with the Board’s decision, you have the right to appeal to court within 30 days of receiving it.

Authors: Bolormaa Volodya, Norovsuren Bayarsaikhan