Recognition of well-known trademarks in Georgia

According to the law of Armenia, well-known trademark is a trademark, which has become widely recognized in certain social circles in Armenia by the date of submission of the request for declaring it as a well-known trademark or by an earlier date stated in the request, for those goods and/or services, with respect to which the trademark was used.

The authorized agency for acknowledgement of a trademark as well-known, is the Board of Appeal of the Agency of Intellectual Property of Armenia.

The regulatory act under which the mark is recognized as well-known is the Law of Armenia ”Оn trademarks” and the Rules of recognition of the trademark as well-known in Armenia.

The sign can also be recognized as a well-known mark under the decision of the court.

Application for recognition of a trademark as well-known

The basis for recognition of a trademark to be well-known is an Application from an interested natural or juridical person filed with the Board of Appeal at the Armenia National Centre of Intellectual property.

Evidences certifying a trademark as well-known

These include documents, which can confirm:

• Intensive use.
• The extent of well-knownness of the mark.
• The duration and geographical scope of the use of the trademark globally.
• Promotion activities of the trademark, including advertising and exhibitions of goods and services, for which the trademark is applied.
• The costs for advertising of the trademark (annual financial report).
• Any registrations or applications for registration, indicating the use or recognition of the trademark.
• Successful exercise of rights of the trademark in other contracting parties of the Paris convention.
• The value of the trademark.
• Survey reports of corresponding circles of customers, actual consumers of the goods and services for which the trademark is applied.
• Results of marketing surveys demonstrating the share of the company on the market.
• Recognition of the trademark as well-known in other countries.
• The value of the trademark as an intangible asset.
• Other evidences which might be significant in the recognition of the trademark as well-known.

The opinions (statements) of the inspection body on the production quality, distribution organizations, organizations and agencies for customers’ rights protection, declarations, quality certificates and other documents, can serve as proof of the long-term, continuous, intensive and large-scale use of the trademark.

Customer survey

The documents confirming the well-knownness of the trademark shall be based on the results of the customer survey, which must be held by a specialized independent organization acting on the orders of the interested party. The results of the customer survey has to be recorded as a report, containing following information:

• The image of the trademark in question.
• Time and place of the survey.
• Number and categories of respondents.

Decision on recognition of the trademark as well-known; decision to refuse recognition of the trademark as well-known

Upon review of the application, the Board of Appeal decides to recognize the trademark as well known, or issues a decision to refuse such recognition.

Recordal in the State Register of well-known trademarks in Armenia

Information on the trademark, which has been recognized as well-known, shall be recorded in the State register of well-known trademarks in Armenia.

Appeal of the decision of the Board of Appeal

The decision of the Board of Appeal on recognition of the trademark as well-known in Armenia can be appealed in court.