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 6: Termination of Legal Protection of a Trademark
Article 28. Recognition of Trademark Registration as Invalid(1) The registration of a trademark may be recognized as invalid either fully or partially during the whole of the period of its validity, if it is produced in contravention of the requirements of Articles 3 and 11 of this Law, or used dishonestly, in particular in accordance with Article 6septies of the Paris Convention, and also within five years of the day on which information on the registration of the trademark is published in the Official Journal—based on the requirements of Article 12 of this Law.
(2) Any natural or legal person may submit an appeal to the Board of Appeal regarding recognition of the registration of a trademark as invalid. The Board of Appeal shall examine the appeal in accordance with the procedure established by the Authorized Body.
(3) An Board of Appeal decision may, within six months of the day in which it is taken, be challenged in the courts.
(4) In accordance with paragraph (1) of this article, the registration of a trademark may be recognized as invalid either fully or partially, also at the Authorized Body’s instigation and according to the procedure approved thereby.
Article 29. Cancellation of Registration and Re-registration of a Trademark and Termination of Legal Protection
(1) The Authorized Body shall cancel the registration of a trademark in the following cases:
(a) the period of validity of trademark registration, provided for by Article 16 of this Law, has expired;
(b) in accordance with Article 21(4) of this Law, on a court decision the registration of a collective mark is terminated prematurely as a result of the use of the collective mark on goods which do not have common qualitative or other general characteristics;
(c) in accordance with Article 22(4) of this Law, on a court decision the validity of a trademark is terminated prematurely as a result of the trademark not being used;
(d) registration of a trademark is recognized as invalid—in accordance with Article 28 of this Law;
(e) the trademark owner goes into liquidation;
(f) following a request by any person, on a court decision a trademark is recognized as having been converted into a designation and as having become generally used to designate goods of a particular type;
(g) in connection with the registration of an appellation of origin for a good identical or confusingly similar to the trademark, if within one year after registration of the appellation of origin the trademark holder is not granted a right to use the appellation of origin for that good;
(h) the owner of the trademark has rejected the said mark.
1.1 The legal protection of a trademark shall be terminated if:
a) the registration of a mark has been withdrawn pursuant to paragraph 1 of this Article;
b) the granting of the legal protection to a trademark has been recognized invalid pursuant to Article 28 of this Law.
1.2 The legal protection of a trademark recognized well known in the Republic of Armenia shall be terminated pursuant to subparagraphs “b”-“g” of paragraph 1 of this Article as well as pursuant to paragraph 2 of Article 28 of this Law, where recognizing a trademark well known in the Republic of Armenia is withdrawn.
The legal protection of a well-known trademark may be terminated also according to the decision of the Board of Appeal in the case of review of conditions necessary for recognizing a mark well known. The above appeal may be submitted to the Board of Appeal by any person.
2. Paragraph 2 of Article 29 has no effect as of 21.12.2004
