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Uzbekistan (UZ)

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Latest News: 05-31-2017 (Newsletter Issue 10/17)
Legislative Acts Amended
The Law of the Republic of Uzbekistan "On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan" ZRU-429 dated April 18, 2017 has amended the Civil Code of the Republic of Uzbekistan, the Law "On Trademarks, Service Marks and Appellations of Origin" as well as the Law “On Competition”.

The main change in the Civil Code of the Republic of Uzbekistan is the introduction of an Article relating to exhaustion of rights. According to the mentioned Article it is stipulated that a violation of an exclusive trademark right shall not be considered as use of the trademark in relation to goods or services which were legally introduced into civil circulation by the trademark owner directly or upon his consent. This means that the principle of national exhaustion of rights shall be applicable in Uzbekistan. Another Article specifies that a trademark may be invalidated in case of non-use during the last five years, while the previous version of the Civil Code stated the period of any five years.

The main changes introduced into the Law "On Trademarks, Service Marks and Appellations of Origin" are the following:
- The trademark registration will be also published on the website of the Patent Office next to the publication in the Official Gazette.
- The use of a trademark shall be considered now also as use in for example in advertisements, printed publications, displaying during exhibitions, using on signboards, letterheads, labels, packages of goods manufactured, offered for sale, sold or otherwise introduced into civil circulation or stored and/or transported with this purpose, or imported into the territory of Uzbekistan; on the documentation related to introduction of goods into civil circulation; in a domain name.

The amended law also reflects provisions as for exhaustion of rights and non-use of a trademark as amended in the Civil Code and mentioned above.

The main change introduced into the Law “On Competition” relates to adding a more comprehensive explanations as to what shall be regarded as unfair competition and introduction of a confusingly similar trademark.

Source: Mikhailyuk, Sorokolat and Partners, Ukraine


09-01-2011 (Newsletter Issue 10/11)
New Agency for Intellectual Property Established
Uzbekistan's president has signed a decree establishing the Agency for Intellectual Property.
“The State Patent Office of the Republic of Uzbekistan” and “Uzbek Republican Agency for Copyright” has ceased to exist as of August 16th, 2011. Address and contacts of the Agency for Intellectual Property remains the same.

Source: Petosevic and the Agency Tria Robit


Legal basis is the Trademark, Service Marks and Appelations of Origin Law, in force since September 22, 2001. The latest amendments to the law were introduced in April 2017.
Uzbekistan is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
A trademark may consist of verbal signs, figurative signs, three-dimensionals signs or other signs in any colour or colour combination. Colours are theoretically registrable as trademarks.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Agency on Intellectual Property of the Republic of Uzbekistan.
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. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 15-18 months.
After registration, the trademark is published in the Agency Official Bulletin which is also published on the official web-site of the Agency.
National:
There is no opposition period for pending application, i.e. an application is not published for opposition purposes. After the mark is granted and the registration certificate is issued, the mark details are published in the Official Bulletin, and it may be opposed by any person before the Board of Appeals or a court. The court considers non-use cases and also cases on invalidation of trademark certificates. The Board of Appeals considers cases on invalidation of trademark certificates. Decision of the Board of Appeals could be appealed to the court.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
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.

Further practical details are available in our publication on this topic here
If the trademark has not been used for a continuous period of last 5 years, it may be subject to cancellation.
The previously envisaged list of an appropriate evidence of the use of trademark being subject of non-use cancellation was complemented by the following new types of evidence: use of trademark on the labels, packages of goods which are produced, offered for sale, selling out, or in another way is introduced into civil circulation or stored or transported for such purpose or imported into the territory of Uzbekistan, on the documentation related to the introducing into civil circulation, in domain name.

Further practical details are available in our publication on this topic here
The official fee for filing application is USD 600 for one class and USD 200 for each additional class. The registration fee (including renewal fee for the first 10 years of validity) is USD 1,100 and USD 60 for each additional class. The publication fee is USD 84.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 370,00 € 130,00 € 
Word Mark Search (identical) 360,00 € 110,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
06-02-2017
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

05-18-2016
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

01-08-2015
PETOŠEVIC Brussels Office, Brussels, Belgium

07-08-2013
PETOŠEVIC Brussels Office, Brussels, Belgium

09-15-2011
PETOŠEVIC, Kiev, Ukraine



Agency on Intellectual Property of the Republic of Uzbekistan
59 Mustakillik avenue
100000 Tashkent
Uzbekistan
Tel +998 71 23250 50
Fax +998 71 232 50 05
Mail info@ima.uz
www.ima.uz

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int