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  • Customs control

    • Turkmenistan

    The importation of goods into Turkmenistan 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 Turkmenistan.

    Please note that in Turkmenistan, the right holder’s official dealer, distributor, or branch office is eligible to apply with the relevant application to enter a trademark or industrial design into the Customs IP Register.

    However, this is only possible for trademarks and industrial designs that were registered under the national procedure, and on the condition that the right holder and the official dealer, distributor, or branch office have concluded and registered the license agreement.

    The record of a trademark or industrial design in the Customs IP Register of Turkmenistan is valid for 5 years.

    The following documents and materials are required for entering the trademark or industrial design into the Customs IP Register:

    • The license agreement between the right holder and its official dealer, distributor, or branch office, duly registered in Turkmenistan;
    • The certificate of national registration for the trademark or the valid patent for the industrial design, obtained through the national procedure;
    • A notarized Power of Attorney to represent the interests of the right holder in Turkmenistan by the dealer, distributor, or agent;
    • A list of importers;
    • A written description of the genuine goods, accompanied by samples if necessary;
    • In the case of an industrial design, a description of the design with registered views;
    • Written information sufficient to determine counterfeit goods and to enable the customs authorities to identify such goods (if possible, attach samples of counterfeit goods, which may serve as confirmation of a violation of the right holder’s rights and assist customs officials in distinguishing genuine and counterfeit goods);
    • The period during which the customs authorities are due to take measures to suspend customs clearance of goods containing objects of intellectual property that violate the rights of the holder (the maximum period shall not exceed five years from the date of entry of the object of intellectual property into the Customs Register);
    • A written commitment for reimbursement in connection with the suspension of customs clearance of goods containing the object of intellectual property, and in the future, if it is proven that the goods are not counterfeit, covering expenses and losses incurred by the declarant.

    All the above documents must be submitted in the Turkmen language. These documents may also be submitted in Russian or English with a certified translation into the Turkmen language. There is no official fee for entering a trademark or industrial design into the Customs IP Register.

    When the requested customs control is available, customs authorities will inform the distributor/licensee of the suspension of goods suspected of infringing trademark or industrial design rights no later than the day following the stoppage.

    After the detention of goods, Customs will contact the representative of the right holder and provide samples for investigation. Depending on the conclusion, the right holder should file an action with the court or allow customs clearance to resume if there is no infringement. In case the suspended goods are identified as counterfeit, it is required to refer the case to the court or the Prosecutor General’s Office.

    It should also be noted that after the seizure of the suspected goods, all further actions shall be taken by the client’s dealer in line with your client’s instructions. Specifically, the dealer should interact with the customs authorities and inspect the seized goods. If they are proven to be counterfeit and the holder decides to take any action against the infringer, these actions should be initiated by the client’s dealer as well, though we would be pleased to offer our assistance in preparing and filing the appropriate documents, lawsuit, or petition to the Prosecutor General’s Office, etc.