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 9: Use of an Appellation
Article 41. Use of an Appellation(1) The use of an appellation shall be considered to be its application on a good and packaging, in advertising, pamphlets, invoices, forms and also other documentation linked to the introduction of the good into the economy.
(2) Any use of an appellation which, in accordance with Article 10bis of the Paris Convention, may be qualified as an act of unfair competition, shall not be permitted.
(3) The use of any means which makes a relevant indication or which gives the user the impression that the good in question has been produced in a different geographical location, rather than the actual location in which it was produced, shall not be permitted for the purposes of designating or displaying goods.
(4) The use of a registered appellation by persons who do not possess an appropriate certificate, even if the genuine place of origin of a good is indicated or an appellation is used in translation or in combination with such expressions as “kind,” “type,” “imitation,” and the like, shall not be permitted, just as the use of an identical designation for any good which may mislead the user as regards the place of origin and special features of the good shall not be allowed.
(5) In the case of identical names, an appellation of origin may be used, if it is combined with some clearly and visibly displayed distinguishing feature, which precludes the user from being misled as regards, for example, the name of the country or region of origin.
(6) Any legal person or individual manufacturer may, in the process of commercial activity, use:
(a) a registered appellation for goods introduced into the economy in any country by a person in possession of a certificate for the use of the appellation, if in the marketing process the characteristics of these goods were not changed naturally or by way of interference;
(b) his name and address or the name and address of the predecessor in title’s right to manufacture, where this does not mislead society as regards the geographical origin of the good.
(7) An appellation may, within three years of the day on which it is registered in the Republic of Armenia, be used by the owner of a trademark identical or similar to the point of confusion with the appellation, if it is registered no later than six months prior to the day on which the appellation was registered. During the period in question, any person may use, in the process of commercial activity, a registered appellation for goods introduced into the economy in any country by the owner of the trademark in question or with his consent, if in the marketing process the characteristics of these goods have not been changed naturally or by way of interference.
(8) The citizens of the Republic of Armenia or natural and legal persons permanently resident or residing in the country, and who have used in the Republic of Armenia geographical designations from another country, which individualize wines or alcoholic drinks and are connected with goods and services:
(a) uninterruptedly for a minimum of 10 years, prior to April 15, 1994, or
(b) in good faith before April 15, 1994
may use or continue to use in such a way in the Republic of Armenia the geographical designations in question for goods and services of the same type.
(9) Persons who lawfully or honestly use geographical designations which, on the territory of the Republic of Armenia, have received legal protection, shall be granted the right to continue to use the geographical designation in question, provided for viticultural purposes including for wines containing a geographical designation from another country, and prior to the entry into force of the World Trade Organization (WTO) Agreement, where this coincides with the habitual name of the sort of grape growing on the territory of the Republic of Armenia.
(10) The rights relating to a trademark, similar or identical to an appellation of origin, shall continue to be preserved, if the latter is honestly filed for registration or is registered
(a) prior to the date on which the provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) are applied in the Republic of Armenia, or
(b) prior to the acquisition of protection for this appellation in its country of origin.
(11) The requirements for legal persons, individual manufacturers, organizations and competent authorities, contained in Article 31(3) of this Law and relating to the use or registration of a trademark, shall be submitted within five years of the unlawful use of a protected appellation becoming widely known in the Republic of Armenia, provided that the name is honestly registered.
(12) A certificate holder may not assign the right to use an appellation to other persons.
Article 42. Preventive Marking
A certificate holder may place a preventive marking alongside an appellation so as to authenticate the registration of a given appellation in the Republic of Armenia, in the form of the expression “Registered Appellation of Origin” in full or abbreviated.
