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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 6: Well known trademarks

Article 29. Legal Protection of a Well-known Trademark

1. A trademark may be recognised as a well-known trademark if, as a result of its use, it has become widely recognised in certain social circles in the territory of the Republic of Armenia, for those goods and/or services for which the trademark was used.

2. A trademark is recognised as a well-known trademark in the Republic of Armenia and is legally protected regardless of the fact whether it is registered or not.

3. In the Republic of Armenia, a trademark is recognised as well known by the Board of Appeals.

4. The legal protection to a trademark, which is recognised as well-known, shall be granted without time limit.

Article 30. The Scope of Legal Protection of a Well-known Trademark

1. The proprietor of a trademark that has been recognised as well-known in the Republic of Armenia, in addition to the rights established in Article 12 of this Law, has the right to prohibit the use, by other persons in the course of their industrial or commercial activities, without the prior authorization of the proprietor, of a sign, which is the reproduction, imitation or translation of a trademark recognised as well-known, which can cause confusion with the latter and is used in respect of goods that are identical and/or similar to it.

2. The proprietor of a trademark that has been recognised as well-known in the Republic of Armenia, in addition to the rights established in Article 12 of this Law, has the right to prohibit the use by other persons in the course of their industrial or commercial activities, without his prior authorization of such a sign, which may not be used in respect of goods and/or services of similar types and may be perceived as the reproduction, imitation or translation of a trademark recognised as well-known and can cause confusion if the use of that sign for those goods and/or services implies a correlation between these goods and/or services for which the well-known trademark is used, and such a use can cause damage to the interests of the proprietor of the trademark that was recognised as well-known.

3. For the realization of the rights prescribed by paragraphs 1 and 2 of this Article, the proprietor of a trademark that has been recognised as well-known has the right of applying to the court. If the opposing trademark, during the period of five years prior to the date of applying to the court, was used continuously and in a reasonable extent in the course of industrial or commercial activities if then this circumstance serves as a basis for the refusal of the claim.

Article 31. Recognition of a Trademark as Well-known

1. In order to declare a trademark well-known, any interested party may submit a request with the Board of Appeals. The request must refer only to one trademark.

2. The request must contain reproduction and description of the trademark, as well as the date since when the trademark is claimed to be recognized as well-known.

3. The following must be attached to the request:

1) documents containing information on the proprietor or user of the trademark;

2) the list of goods and/or services, for which the trademark is used;

3) documents that, in certain social circles, testify the level of being the trademark as well-known for those goods and/or services for which the particular trademark is used;

4) documents testifying information on the date starting of use the trademark and the period of use.

5) documents containing information on the geographical territory of using the trademark in the Republic of Armenia;

6) the receipt for payment of the state fee established by law;

4. The board of Appeals discusses the request on the recognition of a trademark as well-known in the Republic of Armenia and makes a corresponding decision within a period of two months after receiving the request.

5. A trademark may not be recognised as well-known, if:

1) the documents provided in paragraph 3 of this Article are incomplete or unreliable or are not sufficiently convincing that the trademark actually has become widely recognised in certain social circles in the territory of the Republic of Armenia for those goods and/or services, for which it was used;

2) a trademark has become widely recognised in certain social circles in the Republic of Armenia for similar goods and/or services after the date of priority of a registered trademark of another person, which is the same or confusingly similar and may mislead the consumer.

6. In the decision on recognition of a trademark as well-known in the Republic of Armenia, the following must be indicated:

1) surname, forename (name) and the seat (address) of the proprietor of the well-known trademark;

2) the list of goods and/or services for which the trademark was recognised as well- known;

3) the date since when the trademark was recognised as well-known in the Republic of Armenia.

7. Based on the decision on recognition of a trademark as well-known in the Republic of Armenia the State Authorised Body, within a period of one month, shall make a corresponding entry in the database of well-known trademarks, issue a certificate of a well- known trademark to the proprietor and publish information on the recognition of the trademark as well-known in the "Industrial Property" official bulletin.