Trademark registration in Uzbekistan

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Figurative, verbal, three-dimensional and other designations or their combinations in any color or color combination can be registered as trademarks. 

2) THE REGISTRATION PROCESS

1. An application for trademark registration is filed by a legal entity or an individual with the Ministry of Justice through the state information systems or through a patent attorney;

2. Payment of the State fee;

3. Expertise (formal and of the applied designation);

4. In case of positive decision, payment of the State fee and issuance of the Ministry of Justice certificate on trademark registration.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

At the request of the applicant, the examination of the application is carried out by the competent authority in an accelerated manner, within 1 month from the date the application for accelerated registration is accepted. The request must be submitted to the competent authority simultaneously with the application or within 3 months from the date of filing the application.

4) TRADEMARK REGISTRATION TIMELINE

A standard registration consists of:

1. Formal examination;
2. Expertise of the claimed designation.

In practice, the process of trademark registration (in the absence of requests from the state authority and timely payment of applicable State fees) takes 9-12 months. In case of accelerated registration: from the moment of acceptance of the application for accelerated registration - 1 month.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

A certificate for a trademark or a certificate of the right to use the appellation of origin of a product is valid for 10 years from the date of filing the application. The validity period of a trademark certificate or a certificate of the right to use an appellation of origin of a product may be extended at the request of the owner, submitted during the last year of its validity, each time for 10 years.

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

According to Article 26 of the Law on trademarks, the exclusive right to use a trademark comes from the moment of its registration.

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 3 years preceding the date of filing a claim in court otherwise.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The owner of a trademark is entitled to make the following claims in case of infringement of his rights:

• cessation of trademark use;
• compensation for damages;
• seizure and destruction of counterfeit goods;
• removal of the trademark or confusingly similar designation from documentation, advertising, and signage.

Author: Olmoskhon Khamidova