Laws
(Of November 23, 1999)
Law on Trade Names
Chapter 4: Use of a Trade Name
Use of a Trade Name11. (1) The use of a trade name shall include the completion of deals, the introduction of goods into the economy, advertising for goods and services, the completion of financial transactions, the bringing of a legal action under this name, and also the use of a trade name on goods, their packaging, signs, seals, stamps, forms, posters and other applications permitted by the law.
(2) Individual subdivisions of a legal entity shall use the trade name of the entity in conjunction with words characterizing the specific features of the subdivision’s activities or the name of its place of business.
(3) The trade name shall be used only in the form in which it is entered in the State Register.
(4) The trade name may be used together with its translations into foreign languages. In this case, the distinguishing feature of the name contained in the trade name shall not be translated.
Exclusive Right to Use a Trade Name
12. (1) The exclusive right to use a trade name shall come into force from the day of State registration of a legal entity, or from the day on which entries concerning changes in the trade name of a registered legal entity are included in the register of legal entities, and shall be valid for the whole of its period of activity in the Republic of Armenia.
(2) The exclusive right to use the trade name of a foreign legal entity shall enter into force on the grounds that it has become generally known to the public or as a result of public use in the Republic of Armenia of the trade name or trademark and service mark in question in a particular sphere, and shall be valid for the whole period of such consecutive use, if the trade name does not contravene the requirements established by this Law for the registration of trade names.
(3) The infringement of the exclusive right to use a trade name shall comprise the use by other natural persons and legal entities of a name which is identical or similar to the point of confusion to the protected trade name.
(4) In case of unlawful use by other natural persons and legal entities of the trade name of a legal entity, including the acquisition of rights and duties relating to the trade name in question, the legal entity may protect his rights by referring the matter to the courts.
(5) The exclusive right to use the trade name of a legal entity may be transferred only together with the legal entity in question, in the case of its reorganization.
Termination of Validity of the Registration of a Trade Name
13. (1) The validity of the registration of a trade name shall be terminated and a legal entity shall be deprived of the exclusive right to use a trade name if:
(a) in the cases established by the law, according to a court decision the legal entity was forbidden to use the trade name in question;
(b) in the cases established by the law, the court recognized the registration of the trade name as invalid;
(c) the legal entity has changed its trade name;
(d) the legal entity has been liquidated.
(2) The courts of the Republic of Armenia shall inform the Office of the decisions taken in relation to trade names.
(3) On the basis of court decisions relating to trade names, the Office shall make the corresponding amendments to the State Register.
(4) Where a legal entity is deprived of the exclusive right to use a trade name, the name in question may be registered as the trade name of another legal entity after a minimum period of three years.
