Armenia

The importation of goods into Armenia is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.

Customs control extends to trademarks and industrial designs that have been duly registered in Armenia.

To enter a trademark or industrial design into the Customs Register, it is necessary to file the relevant application with the Customs Service.

The following information and materials are required:

  • Proof that counterfeit goods are already being imported into Armenia and are available on the Armenian market. Without this information, Customs will most likely refuse to register the trademark or industrial design.
  • A detailed description of the trademark or industrial design, including a sample of the trademark or registered views of the industrial design;
  • A list and description of goods marked by the trademark or corresponding to the industrial design, including the types and features of the marking or design applied by the right holder or other entities authorized by the right holder (goods samples, if available);
  • A PoA, executed by the trademark or industrial design owner;
  • A copy of the Certificate of trademark registration or an Extract from the national or international trademark/design registration from the State Register;
  • A list of the importers authorized by the right holder, for whom imports should not be ceased;
  • A commitment for indemnification of the Customs Authorities for the costs (costs for detailed inspection and storage of suspended goods in the temporary warehouse for suspension of release of the goods, including all possible costs and damages to the transporter(s), if in the future the IP rights of the declarant prove not to have been infringed by transporting goods through the customs border);
  • An insurance contract (for a minimum sum of EUR 10,000) within 1 month from the date of registration of the trademark or industrial design in the Customs Registry.

The approximate timeframe for completion of the recordal procedure into the Customs Registry is 15-20 days.

Registration is granted for 2 years, which must not exceed the registration validity. The registration may be renewed every 2 years.

The customs authorities suspend the goods for 10 days. This period may be extended for 10 days based on a well-founded application from the right holder or their representative if the right holder or their representative applies to the authorized bodies to protect the rights of the right holder, mainly through the court.

Decisions to suspend the release of goods and to extend the suspension of the release of goods are made by the head (chief) of the customs authority or a person authorized by them.

The customs authority, no later than 1 working day following the day of the decision to suspend the release of goods containing the trademark or industrial design, notifies the declarant and the right holder or their representative of such suspension, the reasons for, and terms of, suspension, and also informs the declarant of the name and address of the right holder and/or their representative.

The right holder is obliged to reimburse all expenses incurred by customs authorities related to the suspension of import/export of goods (expenses for research and temporary storage), as well as possible damages incurred by persons transporting the goods, unless it is subsequently confirmed that the transportation of the goods was carried out in violation of the rights of the right holder.

After the suspension of customs clearance, the right holder first examines the suspended goods to determine their authenticity and origin. Based on this, the right holder may apply to the court with a demand to prohibit the release of and/or confiscate and/or destroy the goods, in accordance with the law. Otherwise, the dispute is resolved in accordance with the adopted court decision unless the right holder and the declarant reach another agreement.