Nice classification

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, certification marks and collective marks.

The application is filed at the Intellectual Property Office (IPOM).
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. 5 to 8 months.
After registration, the trademark is published in the official gazette “IP information”, issued monthly.

National:
Law of Mongolia on Trademarks and Geographical Indications contains no provisions governing opposition against pending applications, but it does permit third parties to request cancellation of registered trademarks.
This means:
It is impossible to file an opposition against a pending trademark application. Oppositions against registered trademarks may be filed within 1 year from the date of publication.



Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
no opposition period

A trademark registration is valid for 10 years from 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.

There are no use requirements.

The official fee is approx. USD 100.00 for one class, approx. EUR 20.00 for each additional class and approx. USD 80.00 for the registration.

Trademark Licence Agreement
In Mongolia a trademark licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods or services covered. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of licensing.

Recordal
There are mandatory provisions in law for the recordal of a licensee. A licence is not valid in Mongolia unless it is recorded with the Intellectual Property Office. There is no time frame for a recordal. There is no prescribed form or content for the validity of a licence agreement but it should be in writing.

The following document is required for the application for a recordal:
1. A copy or an abstract from the licence agreement

Effectiveness
The licence becomes effective and enforceable against third parties upon its recordal with the Intellectual Property Office of Mongolia (IPOM). The recordal of the licence is published in the Intellectual Property Gazette.

Infringement Proceedings
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may not join the trademark owner in infringement proceedings. The registered user is entitled to call upon the registered proprietor to institute proceedings for infringement of the trademark, but he is not entitled to institute proceedings in his own name in the event that the proprietor refuses or neglects to do so.