Trademark registered in the territory of Republic Tajikistan or under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark acquired fame and reputation among the relevant circles of consumers as a result of its active use can be recognized as a well-known trade mark.

The authorized agency for acknowledgement of the trade mark as well-known is the Board of Appeal of the Patent Office of Republic Tajikistan.

The regulatory act under which the mark is recognized as well-known is the Law of the Republic Tajikistan on Trademarks and Service Marks and the Rules for recognition of the trademark as well known in Republic Tajikistan.

Application for recognition of the trademark as well-known

The basis for recognition of the trademark as well-known is the Application filed by an interested individual or juridical person.

The official fee for filing the Application is USD 1093.

The official fee registration and publication is USD 488 for a black and white trademark and USD 587 for a colour trade mark.

The term of examination of the Application is 4 months from the date of filing.

Documents certifying the well-knownness of the trade mark

Evidences certifying the well-knownness of a trade mark shall contain:

  • the extent of well-knowness of a trade mark or its recognition within the relevant circle of consumers of the Republic Tajikistan, particularly the degree of awareness of actual and potential consumers of the corresponding goods or services;
  • duration, intensive use and places of any use of the trademark in the territory of Republic Tajikistan. Additionally the following information could be submitted: the beginning and duration of use of the trade mark, the list of places, where the corresponding goods were sold or services provided, the volumes of sales of goods or services, the ways of use of such a trademark, the average annual number of consumers of the goods or services, the share of the producer on the market in the particular economic sector etc.;
  • duration, intensive use and places of any promotion of the trademark, including advertising, display at exhibitions of goods and/or services with respect to which the trade mark is used;
  • duration and number of registrations of the trademark abroad and/or the number of applications of the corresponding trademark abroad to the extend, showing the use or recognition of this trademark;
  • the recognition of the trademark as well-known abroad, including the country of its origin or in the country of origin of the owner of the trademark;
  • the value of a trademark according to the financial reports;
  • the results of consumers survey on the well-knownness of the trademark, held by a specialized independent organization. During the survey the consumers must be asked whether they know the trademark, who is the owner of the trademark or the producer of corresponding goods, which products are marked with this trademark, how and when the customer learned of the trademark, the place in Republic Tajikistan where the customer survey was held, personal information of the respondent.

Decision on recognition of the trade mark as well-known

Upon review of the application the Board of Appeal of the Patent Office decides to recognize the trademark as well-known regarding the applied list of goods and/or services.

In case the evidences provided by the applicant sufficiently prove the well-knownness of the trade mark at least in one of the corresponding sector of consumers of the Republic Tajikistan, such a trademark is to be recognized as well-known in the territory of the Republic Tajikistan.

In the above mentioned case the corresponding sectors of consumers can consist of:

  • real and potential customers of such a type of products or services for which the trademark is used;
  • people, participating in the distribution of such goods and services for which the trademark is applied
  • business circles dealing with the goods and services for which the trademark is applied

Recordal in the State Register of well-known trademarks in Republic Tajikistan

Information about the trademark, recognized as well-known shall be recorded in the State register of well-known trademarks in the Republic Tajikistan.

Publication of the information about the well-known trademark

Information about a trademark that was recognized to be well-known shall be published by the Patent Office in the official Bulletin after its entering in the State Register.

Appeal of the decision of the Board of Appeal

The Grant of Protection decision issued for the well-known trade mark can be appealed in the Board of Appeal within the whole term of legal protection by any person and can be recognized to be fully or partially invalid.