Tajikistan

TRADEMARK REGISTRATION IN TAJIKISTAN

The effective protection of a trademark is necessary in avoiding pitfalls and potential losses especially in cases of infringement or unfair advantage by third parties. For total enforcement of trademark rights, the registration of the trademark is paramount; and although not as straightforward as it might seem, with the assistance and guidance of a well experienced and highly knowledgeable trademark attorney, the successful prosecution of a trademark application is possible.

Two known ways of protecting a Trademark:

1. Registration of the Trademark
2. Getting the Trademark recognized as a well-known.

The following should be taken into account for REGISTRATION OF A TRADEMARK IN TAJIKISTAN:

APPLICANT

Anyone claiming to be the proprietor of a trademark may apply for the registration of the trademark. Nationals and foreigners have equal right in this regard but a foreign applicant must be represented by a Tajikistani Attorney.

CLASSIFICATION OF GOODS

The International (Nice) Classification of goods/services (latest edition).

POWER OF ATTORNEY REQUIREMENTS

Notarization or Legalization is not required for the Power of Attorney; but the company’s stamp, if it is used, should be placed on the signature as well as the date of signing. If the applicant company does not use a company stamp, the Power of Attorney shall be notarized, i.e. verified by a notary.

PROCEDURE

The procedure for obtaining Trademark registration in Tajikistan is full examination of the Application without opposition period. The first stage after filing is formal examination, and the second stage is the substantive examination.

TRADEMARK SEARCH:

Trademark search is not obligatory for Trademark Registration in Tajikistan, but it is highly recommended in order to avoid confusing similarity of your trademark to already registered and applied trademarks, which can result in a refusal. It is possible to estimate from the search and evaluations of our experienced Tajikistani Trademark Attorney, the possibility of receiving a refusal on the application, and if so the chances and strategies needed to overcome this refusal.

In this estimation the following factors would be assessed:

• The similarity of the trademark to any existing trademark phonetically, semantically or by visual criterion.
• The similarity in the nature of the applied goods, similarities in their intended purpose as well as method of use.
• It will also be assessed if any similar goods are in competition with the applied goods or complementary.
• Other factors which would be considered are the distribution channels of said similar goods and if the degree of similarity is to the point of causing confusion in the views of the general public.
• The probability of the refusal on absolute grounds, such as a lack of trademark distinctiveness.

This precursory assessment of the protectability of the trademark assists the applicant in minimizing unnecessary costs while weighing all available options in the protection of the trademark.

APPLICATION FILING:

The following information and documents are required for Application filing:

• Trademark name/image
• Applicant’s name and address;
• List of goods/services in compliance with the latest edition of the Nice Classification;
• POA signed by applicant. Notarization or Legalization is not required.

EXAMINATION

Formal examination: The formal examination entails checking the compliance of the application and accompanying documents with statutory requirements.

Substantive Examination. In the substantive examination, the mark is thoroughly examined in respect of distinctiveness, similarity (or being identical) with existing trademarks on the Register of Trademarks, and compliance with the requirements of the Trademark Law and Rules of Trademark Examination.

Refusals:

In case of a refusal, our Tajikistani Trademark Attorney will carefully review the refusal to provide a Legal Opinion and discuss with the Applicant or representing attorney, the options available in overcoming said refusal.

TIME FROM FILING TO REGISTRATION:

If no obstacles, generally eighteen (18) to twenty-four (24) months.

OPPOSITION TERM

There’s no opposition period in Tajikistan. However a warning letter can be filed before the decision on registration is made by the PTO.

PROTECTION TERM

The registration is valid for ten (10) years from the filing date.

RENEWAL REQUIREMENTS

While valid for 10 years, the lifespan of a Trademark can be extended through a request for a renewal. This renewal request can be filed within twelve (12) months prior to the expiration date of the trademark. The renewal is valid for ten (10) years.

The following information and documents are required for renewal:

• Power of Attorney
• The number of the trademark certificate
• Payment of relevant official fees.

DECLARATION OF USE

Not required.

NON-USE GRACE PERIOD

The non-use grace period is three (3) years from the trademark registration (publication) date.

ASSIGNMENT
LICENSING
RECORDAL OF THE HOLDER’S NAME/ADDRESS CHANGE