Recognition of well-known trademarks in Tajikistan

Trademarks for goods and services registered in the territory of Tajikistan or protected under the Madrid Agreement on the international registration of trademarks as well as non-registered trademarks, which have acquired general notoriety among a substantial segment of the general population as a result of its active use, can be recognized as well-known trademarks.

The authorized agency for acknowledgement of a trademark as well-known, is the Board of Appeal of the Patent Office of Republic Tajikistan.

The regulatory act under which the mark is recognized as well-known, is the Law of the Republic Tajikistan on Trademarks and Service Marks and the Rules for recognition of the trademark as well known in the Republic of Tajikistan.

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.

The term of examination of the Application is four (4) months from the date of filing.

Evidences certifying a trademark as well-known

• Reports on customer surveys held by a specialized independent organization.
• Results of marketing researches demonstrating the share of the company on the market.
• Documents confirming duration, intensity, and the region of use of the trademark in the territory of Tajikistan.
• Certified documents confirming the conduction of advertising with regards to the corresponding trademark.
• Certified documents, confirming participation in exhibitions, sponsored programs etc., inter alia documents confirming costs for the conduction of the cited actions;
• Certified copies of certificates confirming the registration of a trademark (or the applications for such registrations).
• Documents confirming the acknowledgement of the trademark as well-known in foreign states.
• Any other kind of information on which basis a conclusion that a trademark is well-known in Tajikistan could be made available.

Decision on the recognition of the trademark as well-known

A trademark is recognized as well known in Tajikistan if the corresponding evidences represented in the documents submitted by the applicant in support of its application are recognized by the Board of Appeal as sufficient for confirmation of the well-knownness of a trademark. Accordingly, the trademark is declined to be recognized as well-known if said evidences are insufficient.

If evidences provided by the applicant sufficiently prove the well-knownness of the trademark in at least one of the corresponding sectors of society of Tajikistan, such a trademark is to be recognized as well-known in the territory of Tajikistan.

As mentioned above, the corresponding sectors of society can consist of:

• Real and potential customers of the products or services for which the trademark is used and applied;
• People participating in the distribution of such goods and services for which the trademark is applied.
• Business circles dealing with the goods and services for which the trademark is applied

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

Information on the trademark recognized as well-known, shall be recorded in the State register of well-known trademarks in Tajikistan.

Publication of the information about the well-known trademark

Information on the trademark shall be published by the Patent Office in the official Bulletin after it has been entered into the State Register.

Appeal of the decision of the Board of Appeal

The Grant of Protection decision issued for the well-known trade mark can be appealed in the Board of Appeal within the entire term of its legal protection by any individual, and due to this, the protection can be recognized as be fully or partially invalid.