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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 7: Collective marks and certification marks

Article 32. Collective Marks

1. Collective marks are used to distinguish goods and/or services of members of one union (group of persons, hereinafter "union") from goods and/or services of other persons. Unions of makers, producers, service providers, merchants have the right to register a collective mark, which are entitled to have rights and obligations, sign contracts and execute other legal documents, file a claim with the court, in the order established by Law.

2. Regardless of the provisions established in clause 3, paragraph 1 of Article 9 of this Law, within the meaning of paragraph 1 of this Article, collective marks may be such marks or indexes, which can serve as designations of geographical origins of goods and/or services. A proprietor of a collective mark shall have no right to prohibit the use of such marks or indexes in commercial activities of third persons, provided that the use of these marks or indexes by third persons meets the requirements of fair use in industrial or commercial activities. In particular, existence of such a trademark shall not preclude third persons from using a geographical indication.

3. Taking into consideration the provisions of Articles 33-38 of this Law, the provisions of this Law are equally applied with respect to collective marks.

4. A collective mark or a application for a collective mark may correspondingly, in accordance with the order established by the Government of the Republic of Armenia, be transformed into a person's trademark or an application for a trademark, and vice versa.

Article 33. Regulations for the Use of a Collective mark

1. An applicant of a collective mark, together with the application, shall submit Regulations for the use of a collective mark to the State Authorised Body, and the Regulations shall be approved by the union, in accordance with the order established by Law.

2. Regulations for the use of a collective mark stipulate conditions of membership in a union for persons having the right to use the trademark which must be equal for all the members of the union, as well as conditions for the use of the trademark, including sanctions, if any. Regulations for the use of a collective mark, for cases provided in paragraph 2 of Article 32 of this Law, must authorise any person whose goods and/or services originate from the corresponding geographical area, become a member of the union which is the proprietor of the collective mark.

3. The State Authorised Body shall publish in the "Industrial Property" official bulletin the Regulations for the use of a collective mark, together with information on the registration of a collective mark.

Article 34. Refusal to Register a Collective mark

1. Besides grounds, provided in this Law, for the refusal to register a collective mark, registration of a collective mark may be refused also if the requirements of Articles 32 and 33 are not fulfilled or if Regulations for the use of a collective mark is contrary to public interests or principles of morality.

2. Registration of a collective mark shall be refused also in cases when there is a risk of confusing the consumer regarding the nature or purpose of a trademark and especially in cases when it is not perceived as a collective mark.

3. Registration of a collective mark shall not be refused if the applicant, by making amendments in the Regulations for the use of a collective mark, eliminates unconformity to the requirements provided in paragraphs 1 and 2 of this Article.

Article 35. Amendments to the Regulations for the Use of a Collective mark

1. The proprietor of a collective mark shall inform the State Authorised Body on any amendments made to the Regulations for the use of a collective mark.

2. Amendments shall not be entered in the State Register of trademarks if the amended Regulations for the use of a collective mark do not meet the requirements of Article 33 of this Law or contain grounds for refusal as established by Article 34 of this Law.

3. Amendments to the Regulations for the use of a collective mark enter into force
since the date of entering a corresponding record in the State Register of trademarks.

Article 36. Filing an Application for the Protection of Rights in Regard to Collective marks

1. The proprietor of a collective mark may, on behalf of persons who have the right to use the collective mark, demand compensation for the damages caused in the course of unlawful use of the trademark.

2. Provisions of paragraphs 8 and 9 of Article 27 of this Law on the rights of a licensee are applied in relation to all persons who have the right to use a collective mark.

Article 37. Grounds for the Deprivation of Rights Relating to a Collective mark

In addition to deprivation of rights on grounds provided in this Law, a proprietor of a collective mark may be deprived of rights as a result of filing a claim or counterclaim with the court concerning protection of rights, if:

1) the proprietor has not taken relevant measures to prevent such use of the collective mark that contradicts the conditions provided in the Regulations for the use of a collective mark.

2) the manner of the use of a collective mark by its proprietor may confuse the consumer within the meaning of paragraph 2 of Article 34 of this Law.

3) amendments to Regulations for the use of a collective mark were recorded in the State Register of trademarks with a breach of paragraph 2 of Article 35 of this Law, with the exception of the case when the proprietor of the collective mark, by making new amendments to the Regulations for the use of a collective mark, has eliminated the occurred unconformity.

Article 38. Grounds for the Invalidation of Registration of a Collective mark

In addition to grounds for declaring invalidity, provided by this Law, a registration of a collective mark can be declared invalid as a result of filing a claim or counterclaim with the court concerning protection of rights, if it does not meet the requirements established in Article 34 of this Law, with the exception of the case when the proprietor of a collective mark, by making new amendments to the Regulations for the use of a collective mark, has eliminated the occurred unconformity.

Article 39. Certification marks

1. Certification marks may be registered with the Authorised State Body by accredited certification bodies, which, in accordance with the procedure established by Law, certifies the conformity of goods and/or services. Certification marks may not be registered in the name of legal entities, which produce, import, sell goods or deliver services.

2. Taking into consideration provisions of this Article, provisions of this Law shall be equally applied in relation to certification marks.

3. The applicant, in addition to documents provided by Article 40 of this Law, together with the application to register a certification mark, shall submit the following documents:

1) Regulations for the use of a certification mark;

2) a permission or a document, which confirms the competence of the applicant to implement certification activities, or, in appropriate cases, the registration of the certification mark in the country of origin.

4. In accordance with Regulations for the use of a certification mark, the following are defined: persons, who shall have the right to use the trademark; those elements and characteristics that must be certified by a certification mark; the procedure for the verification of those characteristics and realization of supervision over the use of the certification mark by the certification body; punitive measures provided for breaching the Regulations; fees established for the use of the trademark; and procedures for the adjustment of disputes.

5. Using a certification mark shall be permitted to any person who provides goods or delivers services, which conform to the characteristics stipulated by the Regulations for the use of a certification mark and its requirements.

6. The proprietor of a certification mark shall permit authorised persons to use the certification mark for those goods and/or services, which conform to the characteristics stipulated by the provisions of Regulations for the use of a certification mark.

7. If a person, who has the right to use a certification mark, does not follow the provisions of the Regulations for the use of a certification mark, its right holder may withdraw the permission to use the trademark given to that person or apply other punitive measures established by the Regulations.

8. In addition to grounds for the refusal of registration of a trademark, registration of a certification mark may be refused if the mark does not comply with the provisions of paragraphs 1 and 3 of this Article, as well as with norms of legislation on certification.

9. A certification mark may not be assigned, pledged or be subject to taxation. In case of liquidation of a legal entity, which was the right holder of a certification mark, that mark may be transferred to another legal entity, in accordance with the procedure established by law.

10. In addition to grounds for the invalidation of trademarks, the registration of a certification mark may be declared invalid by the Court based on the request submitted by any party, if the registration does not comply with the requirements of paragraphs 1-9 of this Article.

11. It shall not be subject to registration or use for other purposes if the protection of a certification mark is terminated within a period of ten days after that date.

12. The State Authorized Body shall publish the regulations of the Certification Body together with the information on registration of the certification mark in its Official Bulletin “Industrial Property”.