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 2: Registration of a Trademark
Article 6. Application for Registration of a Trademark(1) An application for registration of a trademark (hereinafter “an application”) shall be filed with the Assigned by the Government of the Republic of Armenia (hereinafter “the Authorized Body”) person (hereinafter—up to the end of this Part—“an applicant”), in the name of whom the registration of a trademark is sought.
(2) An application may also be filed through the representative of the applicant or a patent attorney registered with the Authorized Body.
(3) Foreign legal entities and individual manufacturers shall manage affairs relating to the registration of trademarks, through patent attorneys registered with the Authorized Body. The authority of a patent attorney shall be confirmed by a power of attorney issued by the person in whose name registration of the trademark is requested.
(4) The procedure for certifying and registering patent attorneys shall be established by the Authorized Body.
(5) The activities of patent attorneys shall be governed by the Statute approved by the Government of the Republic of Armenia.
(6) An application shall relate to one trademark only and shall contain:
(a) a request for registration of the trademark, including the applicant’s name and his place of residence or business;
(b) an image of the claimed mark and its description, as well as the colour and colour combination;
(c) a list of goods grouped in accordance with the classes of the International Classification of Goods and Services, for which registration of the mark is claimed.
(7) The application shall be accompanied by a:
(a) receipt for payment of the requisite fee for filing the application and carrying out an examination;
(b) the regulations for the collective mark, where an application is filed for such a mark;
(c) a document confirming the authority of a patent attorney or a representative (power of attorney), if an application is filed through such an attorney.
(8) The application shall be filed in Armenian. The documents attached to the application may be submitted in another language. In this case, applicants from the Republic of Armenia shall submit their translation into Armenian together with the application and foreign applicants—within two months of the application filing date.
(9) The requirements for application documents shall be established by the Authorized Body.
Priority of a Trademark
7. (1) The priority of a trademark shall be established according to the year, month and day (hereinafter “ the date”) on which an application is filed with the Authorized Body.
(2) The priority of a trademark may be established according to the date on which the first application is filed in one of the States parties to the Paris Convention (convention priority), if the application is filed with the Authorized Body within six months of the date in question.
(3) The priority of a mark displayed among the exhibits at official, or officially recognized, international exhibitions, on the territory of one of the States parties to the Paris Convention, may be established according to the date on which the exhibit began to be displayed at the exhibition (exhibition priority), if the application is filed with the Authorized Body within six months of the date in question.
(4) An applicant wishing to enjoy the right of convention or exhibition priority shall, when filing an application or within two months of the day on which the application is filed with the authorized State body, inform that body accordingly and shall attach documents attesting to the right to this requirement, or submit these documents to the Authorized Body within three months of the date on which the application is filed.
(5) The priority of a trademark may be established according to the priority date of a trademark having international registration, in accordance with the international agreements to which the Republic of Armenia is a party.
(6) If, in the course of an examination, it is established that designations submitted for registration, which are identical or similar to the point of confusion, and coincide partially or fully with a list of goods, have the same priority date, a designation (or one of the designations similar to the point of confusion) may be registered in relation to the goods coinciding, in the name of one of the applicants, in accordance with an agreement reached between the applicants.
Applications relating to goods coinciding shall, within six months of the day on which the Authorized Body receives appropriate notification, be considered to have been withdrawn, if the applicants do not reach agreement on the registration of the designation relating to the goods coinciding.
Article 8. Examination of an Application
(1) The examination of an application, including a preliminary examination and an examination of the claimed mark, shall be carried out by the Authorized Body.
(2) An applicant may, within two months of the day on which the application is filed until a decision is taken thereon, at his own initiative make additions, clarifications and corrections to the application materials.
(3) An applicant may, in the course of an examination until a decision is taken to register a designation, submit a request to change the applicant for the application in question.
(4) If additional materials substantially change the designation submitted for registration, or if the list of goods stated in the application includes goods that are not of the same type, those materials will not be considered and may be filed by the applicant as an independent application. In this case the priority of the mark shall be designated with the receiving date of additional materials if the new application has been filed within three months after that date and the first application is not withdrawn as of its filing date.
(5) During an examination the Authorized Body may request the applicant to provide additional materials without which the examination cannot be carried out. The additional materials shall be submitted within two months of the day on which the relevant request is received.
(6) The period in question may, at the applicant’s request, be extended by a maximum of six months, provided the request to extend the period has been received before the end of the two months referred to above. Where the requested materials are not submitted within the prescribed period, the application shall be considered to have been withdrawn and the applicant shall be informed accordingly.
(7) An application may, at the applicant’s request, be withdrawn at any stage of the examination.
(8) Where a trademark registration is sought for two or more goods, the applicant may, before the decision on trademark registration is made, as well as during the appellation process of the examination decision according to Article 13 of this Law, file a request on dividing the application in two or more applications (split applications) through sharing the goods among the split applications. In this case the split applications preserve the filing dates of the first application and the priority date of the mark sought.
Article 9. Preliminary Examination
(1) The preliminary examination of an application shall be conducted within one month of the day on which the application is filed. In cases where a request is submitted, in accordance with Article 8(5) of this Law, the period in question shall be interrupted until such time as a response is received.
(2) In the course of preliminary examination the presence of documents necessary and meeting the stated requirements are examined. In case the application does not meet the stated requirements the applicant is requested to provide corrected or missing documents within a period of two months, applying the provisions of Article 8 (6) of this Law.
In case the application meets the stated requirements the Authorized Body states the date of filing the application and takes a decision on taking the application for examination.
(3) The Authorized Body states the date of filing of the application with the date of receiving the following data and elements:
1) an application from which it is obvious or may be supposed that registration of trademark is claimed,
2) a designation allowing to identify the applicant,
3) a designation allowing to contact the applicant or his patent attorney or representative, if any,
4) the sufficiently clear image of the trademark for which registration is claimed,
5) the list of goods and/or services for which registration is claimed,
6) the payment receipt for filing of the application.
In case the mentioned data and elements are not received at the same time the Authorized Body shall state the date of filing of the application by the date of receiving of the last datum.
Article 10. Examination of a Claimed Designation
(1) A claimed designation shall be examined within six months of the completion of the preliminary examination. During the examination, the priority of the trademark shall be established and it shall be verified whether the claimed designation meets at least the requirements of Article 11 and Article 12(1) of this Law.
(2) On the basis of the outcome of an examination, a decision shall be taken to register the claimed trademark for all goods or some of them mentioned in the application or to refuse its registration.
(3) The applicant may, within two months of the day on which a decision to refuse to register a designation is received, submit a request for re-examination and shall provide details of the justification therefore.
(4) The period in question may, at the applicant’s request, be extended by a maximum of six months, if the request to extend the period has been received before the end of the two months referred to above.
(5) An examination decision to register a designation may be reviewed by the Authorized Body as a result of the receipt of an application for a designation enjoying an earlier priority and identical or similar to the point of confusion, in relation to goods of the same type or in connection with the registration of an appellation of origin.
Article 11. Absolute Grounds for Refusal of Trademark Registration
1. A trademark cannot be registered if it consists of such signs that have not distinctive features and consist elements that:
a) have come into general use as signs characterizing a definite type of goods,
b) are well-known symbols and terms;
c) indicate the type, kind, quality, quantity, properties and value of goods, purpose of creation of goods, as well as the place and time of production and distribution thereof;
f) exclusively represent the outward form of the good, which:
- derives essentially from the nature of the product;
- is necessary for achieving any technical effect and characterizes the function of the good;
- gives a substantial value to the good.
The signs specified in the paragraphs "a" to "d" of this paragraph may be included in the trademark as non-protect able elements, if they do not constitute the predominant part of the mark
The requirements of this paragraph shall not apply to marks which have obtained distinctive features in the result of using.
1.1 A trademark cannot be registered, according to international treaties, if it reproduces state Emblems, flags and national symbols, full or abbreviated names of international organizations, official emblems and hallmarks denoting control and guarantee, seals, rewards and other distinguishing signs or signs which confusingly resemble with the mentioned ones. Such signs may be included in the trademark as a non-protected element with the consent of the owner or a relevant authorized body;
(Article 11.1 is supplemented on 21.12.2004 )
2. (Article 11.2 has no effect from 21.12.2004 )
3.As trademark cannot be registered also signs imparting or containing:
a) Information that leads or is susceptible to lead the consumer in confusion with regard to the product or the manufacturer,
b) A geographical indication and are filed for goods that are not originated from the area bearing this indication, if the use of the said indication is susceptible to lead the consumer in confusion as for the real origin of the product;
c) A geographical indication ascertaining wines, for wines not originated from the area bearing the geographical indication specified or a geographical indication ascertaining spirits, for sprits not originated from the area bearing the geographical indication specified, even if the real origin of the product is indicated or the geographical indication is used in a translated version or in conjunction with such expressions as "sort", "type", "style", "imitation" and others.
4. Signs likewise cannot be registered as trademark if:
a)are contrary to public interest, principles of humanity and morality or rules for preventing unfair competition (customs of commence).
b) are incompatible with the national or spiritual values
5. The provisions of this article, paragraph 1, sub-paragraph "f", as for the production area of products (geographical indication), do not apply to collective marks registered according to article 21 of the present Law.
Article 12. Other Grounds for Refusal of Trademark Registration
1. Signs identical or confusingly similar to the following cannot be registered as trademarks:
a) a trademark already registered in the name of another person or filed for registration with an earlier priority in the Republic of Armenia, for identical or similar goods (if the applications are not withdrawn or refused);
b) trademarks already registered in the name of other persons protected without registration with an earlier priority, according to international treaties, for identical or similar goods;
c) trademarks of other persons being considered well-known, protected for the identical or similar goods in the Republic of Armenia, according to this Law;
d) an appellation of origin of goods or geographical indication being protected in the Republic of Armenia, with the exception of cases when they are included as a non protected element in a trademark of persons having the right to use the said appellation;
e) certification, collective or guarantee marks registered in a prescribed procedure.
f) trade names, protected in the Republic of Armenia, if the right to use the trade name was acquired before the priority date of a trademark filed for registration for similar goods;
(second part of item f) is cancelled).
2. Shall not also be registered as trademarks which reproduce the following:
a) (Article 12.2 sub-paragraph "a” is cancelled on 21.12.2004)
b) Industrial designs with an earlier priority, the right for the use of which in the Republic of Armenia
belongs to other persons;
c) Works and titles of works of science, literature and art, or citations and fragment, heroes from them, well known in the Republic of Armenia, without the consent of the owner of copyright, if that rights are obtained before the priority date of that trademark;
this sub-paragraph shall not to those woks of art or citations or heroes from them, which are geographical indications.
d) Names, surnames, pseudonyms and their derivatives, portraits or facsimile of known personalities, without the permission of those personalities, their heirs or the permission given in prescribe procedure by the Government of the Republic of Armenia,
e) portraits of people without their consent or the consent of their heirs.
3. The consent of the trademark owner indicated in sub-paragraphs “a”, “b” or “c” of this article may be ground for registration of a trademark confusingly similar to that mark in a procedure prescribed by the authorized body
4. (Paragraph 4 is cancelled).
5. The provisions of the paragraph 1 of this article shall not apply to identical geographical appellations for ascertainment of wines, if they are accompanied in conjunction with complementary distinctive elements, provided that the requirements set forth in the article 11, paragraph 3, sub-paragraph "b", of this Law are observed.
Article 13. Appeals Against Examiners’ Decisions and Renewal of Deadlines Missed by Applicants
(1) Where he does not agree with the decision taken as a result of a preliminary or re-examination, an applicant may, within three months of the day on which he receives the decision, submit an appeal to the Authorized Body Board of Appeal (hereinafter “the Board of Appeal”).
(2) The Board of Appeal may examine an appeal in accordance with the procedure established by the Authorized Body.
(3) Where he does not agree with the decision taken as a result of a preliminary or re-examination, or a decision reached by the Board of Appeal, an applicant may refer the matter to the courts in accordance with the established legal procedure.
(4) An applicant may familiarize himself with the materials indicated in an examiner’s decision. The applicant may, within one month of the day on which the decision is received, request copies of these materials if they are not attached to the above decision.
(5) On the basis of a request filed by the applicant, the Authorized Body may renew the deadline provided for by Article 8(3) and (6) of this Law and paragraphs (1) and (3) of this article, and missed by the applicant, within three months of its expiry, provided that the prescribed fee is paid.
Article 14. Registration of a Trademark
The Authorized Body shall, on the basis of a decision to register a trademark within one month of receiving a receipt for payment of the prescribed fee, enter a trademark in the State Register of Trademarks of the Republic of Armenia (hereinafter—up to the end of this Part—“the Register”). The Register shall contain the trademark image, information on its owner, the priority date and registration of the trademark, a list of goods for which the trademark is registered, and other information approved by the Authorized Body, as well as subsequent amendments thereto.
The registration date of a trademark shall be considered its actual state registration date in the Register.
Article 15. Issue of a Trademark Certificate
A trademark certificate shall be issued by the Authorized Body within one month of the day on which the trademark is entered in the Register. The form of the certificate and a list of the information contained therein shall be determined by the Authorized Body.
Article 16. Period of Validity of Trademark Registration and Registration Split
(1) The registration of a trademark shall be valid for 10 years from the filing date of the application with the Authorized Body.
(2) The period of validity of trademark registration may be extended repeatedly, on each occasion for 10 years. The validity of trademark registration shall be extended at the request of its owner, filed during the final year of the current period of validity of registration.
(3) The validity of the registration may also be extended at the request of the trademark owner, filed within six months of the expiry of the period of validity of the trademark’s registration, provided that an additional fee has been paid.
(4) The Authorized Body shall enter in the Register details of the extension of the period of validity of registration of a trademark and, at the owner’s request, in the trademark certificate.
The Authorized Body shall within a period of three months publish information on renewal of trademark registration validity in its Official Bulletin.
(5) Where a trademark is registered for two or more goods during the validation period of its registration as well as during the process of recognizing the registration invalid in accordance with Article 28 of this Law the owner of the mark may file an application with the Authorized Body on splitting that registration into two or more registrations (split registration) through sharing those goods among the split registrations. In this case the split registrations preserve the filing dates of the first registration and the priority date of the mark sought.
Article 17. Entry of Amendments in the Register
(1) A trademark owner shall inform the Authorized Body of any change in the name, a reduction in the list of goods. The trademark owner may as well inform the Authorized Body about change in the individual non-substantive elements (name of the owner, place of residence or location, size of the good, volume, quantity, ingredients) of the trademark, without changing the essence.
(2) Amendments shall be entered in the Register and a trademark certificate shall be issued at the request of the trademark owner, provided that the prescribed fee has been paid.
Publication of Registration Information
18. The Authorized Body shall publish information relating to the registration of a trademark and provided for by Article 14 of this Law, in its official journal and within three months of the day of registration.
Registration of a Trademark Abroad
19. (1) Legal persons and individual manufacturers in the Republic of Armenia may register a trademark abroad or register it internationally.
(2) An application for international registration of a trademark shall be filed through the Authorized Body.
