07-01-2010 (Newsletter Issue 12/10)
New Trademark Law in Force
The Armenian Parliament has adapted the new Law on Trademarks which entered into force on July 1st, 2010.
The Law broadens the list of signs that can be registered as trademarks by adding holograms and colors or combination of colors to the trademarks defined by the current legislation. The list of signs to be registered as trademarks remains exclusive.
Furthermore, all new trademark applications are to be published in the PTO’s Official Gazette after which any third party can file a remark or opposition within two months from the publishing date.
The new Law on Trademarks abolish the previous Law on Trademarks, Service Marks and Appellations of Origin from the year 2000.
Legal basis is the Law on Trademarks which entered into force on July 1st, 2010. It has abolished the Law on Trademarks and Service Marks and Appellation of Origin of April 15th, 2000.
Armenia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union will be protected in Armenia only, if they have been transcribed until June 30th, 1995.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, holograms, colours, colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks, and certification marks.
The application is filed at the Intellectual Property Agency in Yerevan, Armenia in paper or electronic form.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 6 to 12 months.
All trademark applications are published in the PTO’s Official Gazette.
All trademark applications are to be published in the PTO’s Official Gazette after which any third party can file a remark or opposition within two months from the publishing date.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
6 months starting from the publication date in the WIPO Gazette
A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.
If the trademark has not been used within 5 years from registration or has later not been used for 5 years continuously, it may be subject to cancellation.
The official fee is approx. EUR 180.00 for one class, approx. EUR 45.00 for each additional class and approx. EUR 150.00 for the registration.
Trademark Licence Agreement
In Armenia a licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark can be licensed for some or all of the goods or services. There are exclusive, non-exclusive and sole licences. The sale of a registered trademark automatically terminates the licence, unless otherwise agreed upon in the licence agreement. There are statutory provisions prescribing the terms of licensing. A licence agreement shall impose quality standards on the licensee regarding the licensed goods or services. The proprietor must exercise control over the fulfilment of these conditions.
There are provisions in law for the mandatory recordal of a licence on the Trademark Register. Unregistered licence agreements are considered invalid. There is no time frame for a recordal.
The law prescribes that the following information has to be contained in a licence agreement:
1. The names and addresses of the parties
2. The trademark including its registration number
3. The licensed goods and services
4. The territory of the licence
5. The form of licence (exclusive, non-exclusive or sole)
6. The duration of the licence
7. Quality control provisions
The following documents are required for a recordal:
1. An application form completed by a representative of the licensee
2. The original licence agreement or an abstract thereof
A power of attorney should be filed with the PTO by a representative of the licensor for any actions before the PTO on behalf of the trademark owner.
A licence agreement becomes effective and enforceable against third parties upon its recordal. It is published in the Official Bulletin of the Intellectual Property Agency (IPA) once after its registration.
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings. He may also call upon the owner to institute infringement proceedings. Only an exclusive licensee may institute proceedings in the event that the licensor refuses or neglects to do so within a reasonable period of time after having been called upon by the licensee. The licensee is not required to cite the trademark owner as co-defendant in any such proceedings, unless otherwise agreed upon in the contract.
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We would like to thank the following law firms for their assistance in updating the information provided:
PETOŠEVIĆ Client Service Office, Overijse, Belgium
IPR Group, Kiev, Ukraine
PETOŠEVIĆ Client Service Office, Overijse, Belgium