In this article MB Legal’s team will walk you through the process of trademark registration in Armenia. Trademark as a means of individualization of a legal entity, goods, works performed or services rendered is subject to registration in the Republic of Armenia and, as a consequence, protection.
As part of this review, we will briefly present the trademark registration procedure, as well as nuances related to the process that are worth consideration.
How to apply for trademark registration?
In order to get the trademark registered, it is necessary to submit an application in writing or electronically (via www.aipo.am) to the Intellectual Property Office of the Ministry of Economy of the Republic of Armenia (hereinafter also the office). The application can be submitted either directly by the applicant or by his representative.
What are the stages of the trademark registration process?
The submission of the application for trademark registration is followed by a preliminary examination of the application, after which the latter is published in the official bulletin “Industrial Property”. After publication, a substantive examination is carried out, which is held within 3 months from the date of publication of the application. In the absence of absolute and relative grounds for refusal established by law, a trademark is registered, on the basis of which a certificate is issued to the applicant.
What is the term of registration of the trademark?
The validity period of trademark is 10 years, counting from the date of filing the application, which can be extended each time for 10 years without limitation.
Yes, state fees are charged for legally significant actions related to the legal protection of trademarks. However, there is a 75% discount for individuals, legal entities and private entrepreneurs that have up to 25 employees. There is 50% discount for persons with 25 to 100 employees, and for legal entities with more than 100 employees, the established state fee is not subject to discount.
Is it possible to apply for trademark registration at the stage when it is not yet clear what kind of goods/services the right holder will use the trademark for?
One of the mandatory requirements for completing the application is to indicate the goods/services for which the trademark will be used. While specifying the goods and services, the Nice Classification (NCL) is used. Take into account that trademark protection only extends to the goods/services included in the classes specified in the application, which means that the right holder does not have any rights to the trademark in respect of goods and services not included in the application. Furthermore, mentioning the heading of the class in the application does not imply in itself registration of a trademark for all goods in the class, but only for the ones listed in the application.
Is the protection of trademark limited by territory?
If a trademark is registered under the national procedure, its protection is limited to the territory of the Republic of Armenia. However, taking into account the fact that the Republic of Armenia joined the Madrid Agreement in 1991, today individuals and legal entities can request registration of a trademark not only on the territory of Armenia, but also in 129 countries of the Madrid system. In all cases, it is important to keep in mind that an application for international registration of a trademark can be filed only if the trademark has already been registered or at least applied for in the Republic of Armenia.
If you need legal assistance for registering your trademark on national or international level, or have questions about the process, our team will be happy to share its experience with you.
