General Information

• About Us
• Аnnual Reports
• Statistical Data
• Contact Information
• Links
• Patent Attorneys
• Application Forms

Legislation

• Laws

Official Gazette

• Industrial Property
• Trade marks applications
• Applications of geographical indications and designation of origins

Judicial acts

• Court of Appeals
• Administrative Court
• General Jurisdiction

Board of Appeal

• Decisions

Information Search System

• Patent on industrial design
• Trade Names
• Inventions and Utility Models
• Registered by the National Procedure
• Patents registered in EAPO and valid in the territory of the RA
• Trademarks Database
• Registered by the National Procedure
• Obtained Legal Protection by the International Procedure
• Well-known Trademarks

This website contains PDF documents.
To read them, Get Adobe Reader!

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 8: Registration of a trademark

Article 40. Application for Registration of a Trademark

1. The application for registration of a trademark shall be filed with the State Authorised Body in written or electronic form. The application shall be filed directly by the applicant or through his representative.

2. Natural persons, who do not have permanent residence in the Republic of Armenia, and foreign legal persons, which do not have a real and effective commercial or industrial entity in the Republic of Armenia, shall file the application and conduct proceedings provided by the procedure for the examination of applications in the State Authorised Body through trademark attorneys or other representatives. The requirements for patent attorneys established by the legislation of the Republic of Armenia shall mutatis mutandis apply to trademark attorneys.

3. The application must refer only to one trademark.

4. The application shall be filed in Armenian. Documents attached to the application may be submitted in other languages. In such case, applicants representing the Republic of Armenia must submit Armenian translations of those documents together with the application, while foreign applicants must submit corresponding translations within a period of two months from the date of filing the application.

5. The Application form, the order of completion and submission (including electronically) are established by the Government of the Republic of Armenia.

6. An application must be supplemented by the following:

1) payment receipt of the state fee for the filing of the application and its examination, as established by law;

2) document certifying the power of the representative, if the application is filed through a representative;

3) a request for claiming a priority (if necessary);

4) a permission issued by the authorized body, in cases prescribed by clauses 8 and 9 of paragraph 1 of Article 9 of this Law (if necessary);

5) consent of the proprietor, in cases prescribed by clauses 6, 7 and 8 of paragraph 1 of Article 10 of this Law (if necessary);

6) Regulations for the use of a collective mark (if necessary);

7) Regulations for the use of a certification mark (if necessary).

7. An application must contain the following:

1) information identifying the applicant and his representative (if any);

2) a distinct image (reproduction, among them, in the case of sound trademark, the pentagram) and description of the claimed sign;

3) a list of goods and/or services for which the registration of the mark is claimed, grouped in accordance with the Nice classification corresponding to the date of filing of the application, in ascending order of numbers of classification;

4) a statement that the claimed mark is three-dimensional (in appropriate case);

5) a statement that the claimed mark is holographic (in appropriate case);

6) a statement that the claimed mark is a sound mark (in appropriate case);

7) a statement that colour combination is the distinctive feature of the mark (in appropriate case);

8) a statement to the elements of the claimed mark, which are considered as unprotected (in appropriate case);

9) a transliteration of the mark or its verbal elements, also their Armenian translation (in appropriate case);

10) a statement that the claimed mark is a collective mark (in appropriate case);

11) a statement that the claimed mark is a certification mark (in appropriate case);

12) a statement on the date of priority of filing and the grounds thereof.

8. Registration of a trademark may be claimed for one or more classes of goods and/or services in one application. An additional fee shall be paid, in the order established by law, for more than one classes of goods and/or services included in the application.

Article 41. Date of Filing of an Application

1. The date of filing the application shall be established by the date, when, to the State Authorised Body , submitted the following;

1) a statement, which evidently or presumably makes clear that the registration of a trademark is claimed;

2) a statement, which makes possible to identify the applicant;

3) statements, which allow the State Authorised Body to communicate with the applicant or his/her representative (if any);

4) a quite distinct image (reproduction) of the sign in respect of which the application is filed;

5) the list of goods and/or services for which a trademark is claimed.

6) payment receipt of the state fee established by law.

2. If submitted documents do not meet the requirements of paragraph 1 of this Article, the State Authorised Body in accordance within five days from the date of receipt of those documents, a written form notify the applicant, suggesting to fulfil the requirements within a period of two month.

3. If submitted documents do not meet the requirements of paragraph 1 of this Article, and requirements of the State Authorised Body were not fulfilled within the period of time prescribed by paragraph 2 of this Article, the date of filing shall not be established, no date of filing of an application shall be recorded, the application shall be considered as not-filed and the documents submitted shall be returned to the applicant.

4. If submitted documents do not meet other requirements of paragraph 1 of this Article, but requirements of the State Authorised Body were fulfilled within a period of time prescribed by paragraph 2 of this Article, the date of receiving of the application is established by paragraph 1 of this Article, from provided elements and statements by the date of receiving of the last.

Article 42. Priority of a Trademark and the Right for Priority

1. The priority of a trademark is established by the date of filing of the application to the State Authorised Body.

2. If a person or his/her successor in title, in accordance with the established order, has filed an application to a State party to the Paris Convention or a member of the World Trade Organisation for the registration of a trademark (first application),if then from the date of filing, within a period of six months, the applicant files an application to the State Authorized Body in respect of goods and /or services or a part of goods, he/she shall enjoy the right of first application, which is established by the right of priority of a trademark (international priority).

3. If a person or his/her successor in title has exhibit goods and/or services under a trademark at an international exhibition held in a State party to the Paris Convention or a member of the World Trade Organisation (first exhibition), then, filing the application with the State Authorised Body for the same trademark for the same goods and/or services or a part of them within a period of six months from the date of the first exhibition, the applicant enjoys the right of priority (exhibition priority) to the trademark, from the date of first exhibition.
An exhibition is recognised as international if it is officially organised, and if producers and service providers from several countries participate in it, and if information regarding the exhibition has been made accessible, in appropriate forms, for the public.

4. Any applicant who wishes to benefit from the right of priority, in accordance with provisions of paragraphs 2 and 3 of this Article, submits to the State Authorised Body a copy of the first application, which is certified by the body that received the first application, and its Armenian translation or the certificate received from the authority of the international exhibition, where for the first time the goods and/or services were exhibited under that trademark. An applicant who wishes to benefit from the right of priority must submit a corresponding request together with the application or within a period of two months from the date of filing the application, and submit the listed documents within a period of three months from the date of filing the application and pay the state fee established by law.

5. If the State Authorised Body finds that the requirements established in paragraph 4 of this Article are not fulfilled, the application regarding the enjoyment of the right of priority provided in paragraphs 2 or 3 of this Article is considered as non-filed.