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 5: Transfer of a Trademark
Article 25. Assignment of a TrademarkA trademark may be assigned by agreement to other persons for all the goods, or a number thereof, stated in the trademark certificate. The assignment of a trademark shall not be permitted, where this might be the reason for misleading the user as regards the good itself or its manufacturer.
Article 26. Permission to Use a Trademark
(1) A trademark owner (licensor) may, on the basis of a licensing agreement, give another person (licensee) permission to use the trademark.
(2) The licensing agreement shall indicate that the quality of the licensee’s good shall not yield to the quality of the licensor’s good and that the licensor shall monitor compliance with this requirement.
(3) Permission to use a trademark shall not be given, where this may be the cause of the user being misled as regards the place where the good is produced.
Article 27. Registration of an Agreement to Assign a Trademark and a Licensing Agreement
An agreement to assign a trademark and a licensing agreement shall be registered with the Authorized Body. An unregistered agreement shall be considered invalid.
Decisions relating to agreements to assign a trademark and licensing agreements may be appealed in the Board of Appeal and (or) by a court procedure.
Article 28. . Recognition of Legal Protection of Trademark as Invalid
(1) The registration of a trademark or granting of legal protection to it in the Republic of Armenia based on its international registration may be appealed and recognized invalid:
a) totally or partially during the whole period of its validity, if it is provided in contravention of the requirements of Articles 11 of this Law, or within 5 years after the publication of the information on granting of legal protection to the trademark in the Official Bulletin if the legal protection is granted in contravention of the requirements of Articles 12 of this Law
b) totally, during the whole period of legal protection, if it is granted in contravention of the requirements of paragraph 1 of Articles 3 of this Law
c) totally, during the whole period of legal protection, if it is granted in any of member states of the Paris Convention in the name of the agent or representative of the trademark holder without permission of the latter.
(2) Recognition of a trademark as well known in the Republic of Armenia may be appealed and recognized invalid totally or partially within the period of its legal protection if it is in contradiction with the requirements of Article 21.1 of this Law.
(3) The appeal having the bases and time limit provided by subparagraphs “a” and “b” of paragraph 1 of this Article may be submitted to the Board of Appeal by any person.
The appeal having the bases and time limit provided by subparagraph “c” of paragraph 1 of this Article may be submitted to the Board of Appeal by a person who is the holder of the mark in any member states of the Paris Convention.
The appeal for recognizing a trademark well known with the bases and time limit provided by paragraph 2 of this Article to the Board of Appeal may be submitted by any person.
Any decision taken by the Board of Appeal on claims submitted according to this paragraph may be appealed in the court procedure within six months after the decision is taken.
4. (Paragraph 4 is cancelled).
