TRADEMARK REGISTRATION IN ARMENIA
Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of a designation is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.
The ways to obtain the exclusive right to a Trademark:
In Armenia a trademark shall be granted legal protection by virtue of:
The following should be taken into account for registration of a trademark in Armenia:
Anyone claiming to be a proprietor of a trademark may apply for registration. Nationals and foreigners have equal right in this regard, but a foreign applicant must be represented by an Armenian 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.
The company’s stamp, if it is used, should be placed on the signature as well as the date of signing. If the applicant’s company does not use a company stamp, the Power of Attorney shall be notarized, i.e. certified by a notary.
The procedure for obtaining trademark registration in Armenia is full examination of the application with a three (3) month opposition period. The first stage after filing is the formal examination, and the second stage is the substantive examination.
Trademark search is not obligatory for registration of a trademark in Armenia, but it is highly recommended in order to avoid confusing similarity of a prospective mark to already registered and applied trademarks with an earlier priority, which can result in a provisional refusal.
Considering the search results and evaluations of our experienced Armenian Trademark Attorney, it would be possible to estimate the risks of receiving a refusal and evaluate the possible strategies to overcome it as well as the chances of success.
In this estimation the following factors would be assessed:
This preliminary assessment of the protectability of the mark assists the applicant to avoid unnecessary costs while considering all available options in obtaining protection for the mark.
The following information and documents are required for Application filing:
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 in the Register, and compliance with the requirements of the Trademark Law and Rules of Trademark Examination.
In case of a refusal, our Armenian 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 the said refusal.
TIME FROM FILING TO REGISTRATION
If no obstacles, about 8-10 months.
The procedure of expedited examination is not available in Armenia.
The opposition period in Armenia for National applications – within 2 months from publication date; for International Registrations within 6 months from publication in the WIPO Gazette.
The registration is valid for ten (10) years from the filing date.
While valid for 10 years, the validity of a trademark can be extended through a request for a renewal.
The renewal is valid for ten (10) years. The renewal request can be submitted during the last year of the current term of trademark registration validity.
The registration may be renewed within a six-month period following its expiry, provided that an additional official fee is paid for the late renewal.
The following information and documents are required for renewal:
DECLARATION OF USE
Not required in Armenia.
NON-USE GRACE PERIOD
The non-use grace period is five (5) years from the trademark registration date.