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Laws

The law of the Republic of Armenia on trademarks

• Chapter 1 - General provisions
• Chapter 2 - Legal protection of trademarks
• Chapter 3 - Duration of protection of a trademark
• Chapter 4 - Termination of rights to a trademark
• Chapter 5 - Assignment of rights to a trademark
• Chapter 6 - Well known trademarks
• Chapter 7 - Collective marks and certification marks
• Chapter 8 - Registration of a trademark
• Chapter 9 - The process of registration of a trademark
• Chapter 10 - International registration of trademarks
• Chapter 11 - Transitional provisions and entry into force of this law

Chapter 10: International registration of trademarks

Article 57. Basic Provisions

Provisions of this Law shall be applied mutatis mutandis with respect to international registrations provided in accordance with the Madrid Protocol or the Madrid Agreement for which the Republic of Armenia is the country of origin or which are in force in the Republic of Armenia, unless international agreements provide otherwise.

Article 58. International Application

1. An international application for a trademark registered in the State Register of Trademarks, pursuant to Article 3 of the Madrid Agreement, or, where appropriate, an international application for a trademark entered in the database of trademarks or registered in the State Register, pursuant to Article 3 of the Protocol Relating to the Madrid Agreement, whereas the country of origin is the Republic of Armenia, shall be filed with the International Bureau by the State Authorised Body.

2. The international application referred to in paragraph 1 of this Article may be filed by any person, who has a real and effective commercial or industrial entity in the territory of the Republic of Armenia, or, if there is no such an entity, has a residence in the Republic of Armenia, or, if there is no residence in the Republic of Armenia, is a citizen of the Republic of Armenia or whose country of origin is the Republic of Armenia.

3. The date of registration of a trademark in the State Register shall be considered as the date of filing of an international application based on a registered trademark, if it was filed with the State Authorized Body prior to the date of registration of the trademark.

4. An international application must be composed in accordance with General Instructions and must include special notes regarding the countries, for which the protection of international registration or territorial extension of protection is sought.

Article 59. Fees for International Registration

1. For filing an application for an international registration state fees established by law and by the Madrid Agreement and/or the Protocol Relating to the Madrid Agreement shall be paid. State fees established by law shall be transferred to the State budget, and fees provided by the Madrid Agreement and by the Protocol Relating to the Madrid Agreement shall be transferred to the International Bureau.

2. Failure to pay state fees referred to in paragraph 1 of this Article and failure to make payments shall result in declaring the international application as not filed.

Article 60. The process of Examination of an International Application by the State Authorized Body

1. Within one month from the date of receiving of an international application, the State Authorized Body shall make a consideration and examination on conformity of application documentation in order provided by the provisions of paragraph 4 of Article 62 of this Law, and conformity of information included in the application with data contained in the State Register or, in appropriate cases, data contained in the database of applications for trademarks.

2. If an international application meets the requirements of this Law and conditions provided by General Instructions, the State Authorized Body shall note the date of filing the application with the State Authorized Body, and afterwards shall send one copy of the application to the International Bureau, and another copy – to the applicant, as a verification of the receiving of the application.

3. The date of international application, for which the Republic of Armenia is the country of origin, shall be considered the date of filing an international registration with the State Authorized Body within the meaning of paragraph 4 of Article 3 of the Madrid Agreement, or, where appropriate, within the meaning of paragraph 4 of
Article 3 of the Madrid Protocol, provided that the International Bureau has received the application within a period of two month. Otherwise, the date of international registration shall be considered the date of receiving of the international application by the International Bureau.

4. If errors or lapses are revealed in accordance with the provisions of paragraph 1 of this Article, for the elimination of which consent of the applicant is required, in particular, correction of the list of goods and/or services, the State Authorized Body shall notify the applicant about it and suggest to correct errors or lapses within a period of reasonable time, taking into consideration provisions of paragraph 3 of this Article.

Article 61. Request for Subsequent Designation

1. The proprietor of an international registration, for which the Republic of Armenia is the country of origin, may later submit a request for territorial extension of the registration noting one or more countries, which have not been mentioned in the prior international application, for all or a part of goods and/or services listed in the international registration, by submitting, through the State Authorized Body, a corresponding request to the International Bureau.

2. The payment receipt of the state fee established by law shall be presented as an attachment to the request referred to in paragraph 1 of this Article.

3. Provisions of paragraph 2 of Article 63 and Article 64 of this Law shall be applied mutatis mutandis with respect to the request for subsequent designation.

4. Subsequent territorial extension of protection shall enter into force since the date of making a corresponding entry in the International Register and shall terminated at the same time with the termination of the corresponding international registration.

Article 62. Process Relating to International Registration Notified by the International Bureau

1. A process of filing remarks and oppositions according to Article 44 of this Law and a process of conducting an substantive examination in accordance with Article 45 of this Law shall be applied, based on the same conditions that are provided for applications directly filed with the State Authorised Body, with respect to any notification of international registration received from the International Bureau, in which the Republic of Armenia is designated or in appropriate cases that refer to subsequent territorial extension of protection with respect to the Republic of Armenia.

2. Remarks and oppositions against an international registration with designation of the Republic of Armenia or territorial extension with respect to the Republic of Armenia may be filed with the State Authorised Body, within six months from the date of official publication of information on international registration or territorial extension with respect to the Republic of Armenia by the International Bureau. Submitted remarks and oppositions shall be considered in the order established by Article 46 of this Law.

3. If, in the course of examination of a trademark in accordance with paragraph 1 of this Article it is revealed that the international registration does not meet the requirements of this Law, or if remarks or oppositions have been submitted against the international registration in question, which has been upheld in whole or partly, the State Authorized Body makes a decision on a preliminary refusal to provide legal protection in the Republic of Armenia to the trade mark for all goods and/or services or, in appropriate cases, for a part of goods and/or services and notifies the International Bureau about it.

4. Following the decision on a preliminary refusal referred to in paragraph 3 of this Article, any process provided by this Law between the State Authorized Body and the proprietor of the trademark shall be conducted through a representative of the latter, unless international agreements, which the Republic of Armenia is a party to, provide otherwise.

5. Pursuant to the final decision regarding an international registration, the State Authorized Body shall notify the International Bureau of the following:

1) refusal to provide legal protection to a trademark for all goods and/or services listed in the international registration, or

2) providing legal protection to a trademark for part of the goods and/or services listed in the international registration, or

3) providing legal protection to a trademark for all goods and/or services listed in the international registration.

6. The State Authorized Body in the established order shall notify the International Bureau of all final decisions of the courts that refer to international registration

Article 63. The process of International Registration in the Republic of Armenia

1. Any international registration, where the Republic of Armenia is designated, started from the date of international registration or, in appropriate cases, from the date of subsequent designation of the Republic of Armenia, shall have the same effect as in cases if a trademark would have been submitted for registration directly to the State Authorised Body.

2. If the State Authorized Body fails to notify the International Bureau of a refusal of registration pursuant to paragraph 3 of Article 62 of this Law, or if a refusal has been revoked partly or in whole, from the date provided in paragraph 1 of this Article, the protection of a trademark in the Republic of Armenia shall be the same as in cases where a trademark has been registered directly with the State Authorised Body.

3. If protection of a trademark has been refused in accordance with clause 1 of paragraph 5 of Article 62 of this Law, it shall be considered that the current international registration has not been granted validity in the Republic of Armenia in accordance with paragraphs 1 and 2 of this Article.

Article 64. Replacement of a National Registration of a Trademark by an International Registration

Upon request of the proprietor of a trademark which earlier has been registered in the State Register of TradeMarks, the State Authorised Body, in accordance with Article 4bis of the Madrid Agreement and Article 4bis of the Protocol Relating to the Madrid Agreement, shall take notice replacement of the registration of that trademark for the same goods and/or services, in the name of the same proprietor, by a subsequent international registration extended to the Republic of Armenia. Information regarding the replacement shall be entered into the State Register without infringing the rights of the proprietor acquired earlier.

Article 65. Conversion of an International Registration into a National Application

1. Pursuant to the Protocol relating to the Madrid Agreement, a proprietor of an international registration where the Republic of Armenia is designated, in accordance with Article 9 quinquis of the Madrid Protocol, may apply to the State Authorised Body with a request for a conversion of an international registration into an application for registration of the same trademark, if, based on a request from the State Authorised Body of the country of origin, the international registration is terminated for all or a part of the goods and/or services listed in the corresponding registration.

2. The application provided in paragraph 1 of this Article shall be examined through the same procedure as would have applied if it were submitted directly to the State Authorised Body on the day of international registration, or on the day of subsequent territorial extension to the Republic of Armenia. And if the internationally registered trademark has received priority, then a trademark presented by the above mentioned application shall enjoy the same priority, provided that:

1) the application has been filed within three months from the date of removal of the international registration from the International Register;

2) goods and/or services listed in the application include goods and/or services listed in the international registration with respect to the Republic of Armenia;

3) the application meets the requirements established by this Law;

4) the payment receipt of the state fee established by the Law is attached to the application.

3. A document provided by the International Bureau must be presented as an attachment to the Application for Conversion, which must contain the image of the trademark and the list of goods and/or services, for which the Republic of Armenia has been noted prior to the exclusion of the international registration from the International Register.

4. If, on the day of exclusion of the international registration from the International Register, the time limit for notifying of a preliminary refusal provided by paragraph 2 of Article 5 of the Protocol Relating to the Madrid Agreement has been expired, and if as of that date the State Authorised Body has not made a decision on refusal and there is no court claim regarding termination of protection of the trademark in question, the process shall not be applied pursuant to Article 62 of this Law, and the State Authorised Body carries out the registration of the trademark in accordance with Article 48 of this Law.