Laws
This Law shall govern relations concerning the registration, legal protection and use of trademarks, service marks and appellations of origin.
Law on Trademarks, Service Marks and Appellations of Origin (in force until July 1, 2010)
Chapter 11: Final Provisions
Article 45. State FeesFor the registration of a trademark or an appellation, as well as the filing of an application to obtain a certificate for the right to use an appellation, and the performance of other related legal acts, fees shall be levied, the types, levels and procedures for payment of which shall be prescribed by law.
Article 46. Settlement of Disputes Relating to the Implementation of this Law Disputes relating to the implementation of this Law shall be settled by the courts, including those concerning the
(a) infringement of the exclusive right to a trademark;
(b) conclusion and execution of a licensing agreement and also a trademark assignment agreement;
(c) unlawful use of an appellation.
Article 47. Liability for the Unlawful Use of a Trademark and an Appellation
(1) The use of a trademark or a designation similar thereto to the point of confusion, and also the use of an appellation or designation similar thereto to the point of confusion, which does not comply with the requirements of Articles 4 and 41 of this Law, shall incur liability in accordance with the procedure established by the legislation of the Republic of Armenia.
(2) In the case of unlawful use of a trademark, the civil rights concerned shall, apart from the requirement to terminate the unlawful use and to compensate for the losses incurred, shall be protected by means of:
(a) the infringing party publishing the court decision in order to re-establish the reputation of the injured party;
(b) removing from the good or its packaging the unlawfully used trademark, or the designation similar thereto to the point of confusion, by means excluding the risk of it being placed again on the good or its packaging;
(c) destroying the images of the trademark or designation similar thereto to the point of confusion;
(d) where the methods provided for by subparagraphs (b) and (c) cannot be used, removing or also destroying, without any form of compensation, the good and/or packaging, unlawfully labeled with the trademark, excluding as a consequence the likelihood of causing some kind of harm to the trademark owner.
(3) At the request of the holder of a certificate for the right to use an appellation of origin, or of a public organization, a person unlawfully using the registered appellation or designation similar thereto to the point of confusion shall:
(a) terminate the use thereof and provide compensation for all the losses caused, and also contribute to the local budget the sum of the profit received in excess of the compensation for the losses, and resulting from the unlawful use of the appellation;
(b) publish the court decision in order to re-establish the reputation of the injured party;
(c) remove from the good, its packaging, form and other documentation the unlawfully used appellation or designation (means of expression) similar thereto to the point of confusion, so as to exclude the risk of it being placed again on the good or its packaging;
(d) destroy the manufactured images of the appellation;
(e) where the requirements of subparagraphs (c) and (d) of this paragraph cannot be satisfied, the good and/or packaging unlawfully labeled with the appellation shall be removed or destroyed without any form of compensation.
(4) In the case of unlawful use of a trademark or appellation of origin, the civil rights concerned shall be protected, for the purposes of reducing the further threat of infringements, by removing the material objects (materials, equipment, means of advertising and so on), serving as the basis of the infringement, if the majority of the objects concerned were used for the purposes indicated.
(5) Any person, whose rights in relation to a trademark or appellation of origin are infringed or may be infringed, may request the courts to demand from the owner of the unlawfully used trademark or good, or the holder of the appellation, information on third parties involved in the production and dissemination of such goods, as well as on how the goods were obtained and disseminated.
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6) In accordance with the procedure established by the legislation of the Republic of Armenia, liability shall be borne by:
(a) the person owning the unlawfully used trademark or good—the holder of the appellation who refuses to provide information as to how such goods were obtained;
(b) any person who makes a false statement as to the true rights owner of a trademark or appellation, or unlawfully removes from the good (or its packaging), the trademark or appellation, or by means of deception presents himself as the rights owner of the trademark or appellation;
(c) a person using the preventive marking together with a trademark or appellation of origin not registered in the Republic of Armenia, if this marking does not reflect some kind of reference to the existence of registration in another country, or this trademark or appellation relating to the goods in question is not actually registered in the said country.
Article 48. The Rights of Foreign Individual Manufacturers and Legal Persons
(1) Foreign individual manufacturers and legal persons shall enjoy the rights provided for by this Law and shall be equally liable with individual manufacturers and legal persons in the Republic of Armenia, in accordance with the international agreements to which the Republic of Armenia is a party or on the basis of the principle of reciprocity.
(2) The right to register and use an appellation in the Republic of Armenia shall be granted to individual manufacturers and legal persons of States granting a similar right to individual manufacturers and legal persons in the Republic of Armenia.
Article 49. International Agreements
If the international agreements to which the Republic of Armenia is a party make alternative provisions to those specified by this Law, the provisions of the international agreements shall be applied.
Article 50. Transitional Provisions
(1) The validity of registration of the trademarks registered prior to the entry into force of this Law, and also the registration of the appellations of origin and certificates for the right to use those marks, shall continue to be valid.
(2) Applications for the registration and/or use of trademarks and appellations of origin, filed with the Authorized Body prior to the entry into force of this Law, and consideration of which is incomplete, shall be examined in accordance with the requirements of this Law.
(3) The Law of the Republic of Armenia on Trademarks, Service Marks and Appellations of Origin, adopted on May 12, 1997, is hereby repealed.
5. The appeals having the bases provided by subparagraph “b” of paragraph 4 of Article 11 and subparagraph “b” of paragraph 1 of Article 28 of this Law may be submitted to the Board of Appeal since July 1, 2005.
6. Subparagraph 3 of Article 7 and subparagraph 3 of Article 12 of this Law shall come into force since October 1, 2005.
7. With applications filed with the Authorized Body in contravention of the requirements of paragraph 1 Articles 3 of this Law
a) the examination shall be continued with consideration of the provisions provided by this Law if the examination of those applications are not fulfilled yet or the decision of the examination is in appellation process;
b) the Authorized Body shall register the trademark notifying the applicant in written on the requirements of paragraph 3 of Article 3 if the decision on registration of the trademark is already taken and the applicant has in the prescribed manner submitted the fee payment order receipt for registration of the mark in the order established by the Law.
Entry into force: April 15, 2000
