Trademark registration in Tajikistan

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Word, pictorial, volumetric and other designations or combinations thereof may be registered as trademarks. 

A trademark may be registered in any color or color combination.

2) THE REGISTRATION PROCESS

Registration consists of 2 stages:

Stage 1:

• Filing of the application is carried out through the Patent Attorney;
• Examination (formal examination within 1 month from the date of filing of the application, full examination approximately 1 year from the date of filing of the application);
• Publication of information on the formally examined application.

Stage 2:

• Registration (within 1 month from the date of the decision on registration and payment of the prescribed mandatory fee);
• Publication (immediately after registration of the trademark in the Register);
• Issuance of the certificate (within one month from the date of registration of the trademark in the Register).

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

In an accelerated procedure, the total period for conducting an examination is reduced to 3-4 months.

4) TRADEMARK REGISTRATION TIMELINE

The standard registration period for a trademark is approximately 1 year from the date of filing the application. 

The accelerated registration period for a trademark is 3-4 months from the date of filing the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The registration of a trademark is valid for 10 years from the date of registration. After this period, it can be extended for unlimited 10 year periods at the request of the owner.

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

Yes, you can use the designation that you have 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 the Board of Appeal due to its non-use during the three years after its registration.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

1. Filing an application/complaint with the Antimonopoly Service of Tajikistan; 

2. Filing an application/complaint with the Department for Combating Economic Crimes (Intellectual Property Protection Department) of the Ministry of Internal Affairs of Tajikistan;

3. Submission of a statement of claim to the court.

Author: Kamoliddin Mukhamedov