Trademark registration in Turkmenistan
1) DESIGNATIONS REGISTRABLE AS A TRADEMARK
Verbal, pictorial, or three-dimensional signs of any color (color combination) or their combinations.
2) THE REGISTRATION PROCESS
1. Application submission to Turkmenpatent.
2. The standard registration procedure takes a total of 9 months, including 3 months for formal examination and at least 6 months for substantive examination.
3. A decision on the registration or refusal of the trademark is made based on the examination results.
3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION
The overall duration of the examination process can be shortened to 1.5 months. The formal examination can be conducted within 10 business days, approximately 2 weeks, from the date of submission of the request. The substantive examination period can be reduced to 20 business days, approximately 1 month, from the completion of the formal examination.
4) TRADEMARK REGISTRATION TIMELINE
1. Standard registration period for a trademark is 9-12 months (including the time for application review and possible requests for additional documents/information in case of deficiencies to registration requirements);
2. Expedited registration period for a trademark is 1.5-2 months (including the time for review and decision-making).
5) TRADEMARK REGISTRATION DURATION AND RENEWAL
The term of validity of a trademark is 10 years from the date of application, and can be renewed during the last year of its validity for each subsequent 10-year period.
6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?
The use of a mark filed for registration as a trademark is permissible, provided that this mark is not identical or confusingly similar to trademarks already registered or applied for by other parties.
7) TERMS OF TRADEMARK USE
The trademark's validity can be terminated early by any interested party, if it has not been used for three consecutive years prior to filing an application to that effect with the Appeals Commission of the Turkmenpatent, and not earlier than three years after its registration.
8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER
The owner of a trademark has the right to demand the following remedies against a party unlawfully using their trademark or a similar designation:
1. Cessation of the use of the trademark or similar designation upon the owner's request or by court order;
2. Compensation for damages, including lost profits, or payment of compensation determined by court decision or by agreement between the parties;
3. Removal of the unlawfully used trademark or designation from the goods or their packaging to the extent of confusion.
Authors: Ikbal Said Alauddin, Annamenli Rozymyradova
