Laws
(Of November 23, 1999)
Law on Trade Names
Chapter 3: Registration and Recording of a Trade Name
Application for Registration of a Trade Name5. (1) Prior to the State registration of a legal entity, considered to be a commercial organization, its trade name shall be registered with the Patent Office of the Republic of Armenia (hereinafter "the Office").
(2) Any change in a trade name shall be made only after registration with the Office of a new trade name in accordance with the procedure established by this Law.
(3) An application for registration of a trade name (hereinafter "the application") shall be filed with the Office by the founders of the legal entity, a person authorized thereby, or a body appropriately authorized by the entity’s regulations (hereinafter "the applicant").
(4) An application may also be filed by a person authorized by the applicant. The application shall contain:
(a) a request to register the trade name, stating the trade name submitted for registration, its abbreviation or shortened form, where appropriate, and the applicant’s address;
(b) clarification of the trade name submitted for registration, where it cannot be understood in Armenian.
(5) The following shall be attached to the application:
(a) consent (authorization)—in the cases envisaged in Article 4 of this Law;
(b) power of attorney, if the application is filed by a person authorized by the applicant;
(c) a receipt for payment of the prescribed State fee.
(6) The application shall be filed in Armenian.
(7) The form of the request and the procedure for its completion shall be determined by the Office.
Examination of an Application and Registration of a Trade Name
6. (1) The Office shall, within five days of receiving an application, examine and determine whether the application and the trade name submitted for registration meet the requirements of this Law.
(2) The applicant may, in the course of the application examination and until such time as a decision is taken to register the trade name, make changes to the filed application. In this case, the period specified in paragraph (1) of this article shall be calculated from the date when the changes are made.
(3) If, in the course of the examination, it becomes clear that the trade name submitted does not meet the requirements of this Law, a decision shall be taken to refuse to register the trade name and the applicant shall be informed accordingly, within three months, of the grounds for the refusal.
(4) Where the applicant does not agree with the examiner’s decision, he may, within one month of the date on which he receives the decision, submit an appeal to the Office Appeals Board (hereinafter "the Appeals Board").
(5) The Appeals Board shall examine the appeal in accordance with the procedure established by the Office.
(6) Where the applicant does not agree with the decision taken by the examiner or that given by the Appeals Board, he may, in accordance with the requisite procedure, refer the matter to the courts.
(7) If the trade name meets the requirements of this Law, the Office shall take a decision to register it and, within three days, shall inform the applicant accordingly.
(8) Once a decision has been taken to register a trade name, the Office shall enter the trade name in the State Register of Trade Names of the Republic of Armenia.
(9) The day, month and year (hereinafter "the date") of registration of a trade name shall be established according to the date on which an application is filed with the Office.
(10) Trade names shall be registered in Armenian.
(11) The State Register shall contain details of the trade name, the registration number and date, application number, and applicant’s address.
(12) Until the State registration of a legal entity, but for a period not exceeding six months, a trade name entered in the State Register shall receive temporary protection.
Grounds for Refusing to Register a Trade Name
7. The following shall not be registered as trade names; a name:
(a) coinciding with the trade name of a particular legal entity, registered previously in the Republic of Armenia, or with the trade name of some foreign legal entity, known to the public in a particular area or which has become generally known as a result of public use of the trade name or trademark and service mark, and also coinciding with a particular trademark or service mark, an appellation of origin, with an earlier deadline for validity of registration in the Republic of Armenia, or similar to the point of confusion and relating to one and the same sphere of activity;
(b) contrary to public interest, or the principles of humanity and morality;
(c) of a particular good or service, or one characterizing their quality, feature, quantity or production method, or advertising them;
(d) containing the full or abbreviated name of a historical or famous personality in the Republic of Armenia and submitted without the corresponding authorization for use of the name;
(e) coinciding with or similar to the point of confusion to the name of a particular State, international governmental or non-governmental organization.
Recording of Registered Trade Names
8. (1) Registered trade names shall be recorded by the Office on the basis of information provided by the body carrying out State registration of legal entities in the Republic of Armenia (hereinafter "the body registering legal entities").
(2) The body registering legal entities shall, on a quarterly basis, provide the Office with information relating to entries made concerning legal entities registered in a given quarter, their liquidation and also changes in their trade names.
(3) The information submitted shall contain the trade name, State registration number and date, the place of business of the legal entity and, in the case of liquidation, the date of inclusion in the register of legal entities of the appropriate entry. On the basis of the information obtained, the Office shall:
(a) take a decision to grant a certificate for the trade name or to recognize its registration as invalid;
(b) make the corresponding entries in the State Register of Trade Names.
Certification of Registration for a Trade Name
9. (1) For 10 days after a decision has been taken to grant a certificate for a trade name, the Office shall, according to a request made by a legal entity, grant that entity a certificate of registration for the trade name.
(2) The certificate of registration for the trade name shall attest to the State registration of the trade name and also to the exclusive right of the legal entity to use the trade name.
(3) The form of the certificate for registration of a trade name and the details of the information contained therein shall be determined by the Office.
(4) The registration of a trade name shall have immediate effect.
Publication of Information on the Registration of Trade Names
10. (1) Information on the registration of trade names and also on all the changes made, in accordance with this Law, to the State Register of Trade Names shall be published in the Office’s official journal.
(2) The full content of the published information on State registration of a trade name shall be determined by the Office.
