Oct 10, 2019 (Newsletter Issue 14/19)Important Changes to Trademark Law in ForceOn June 19, 2019, a new Law on Trademarks entered into force introducing important changes and clarifying the trademark registration procedure. Some of the following changes can be seen below:
- Changed definition of trademarks implies that non-traditional trademarks will be denied protection
- Protection period for marks filed after Nov 5, 2008 is 10 years from the filing date
- Publication of application (formerly publication of registration)
- Use of class headings no longer possible when filing a trademark application
- Grounds for refusal divided (absolute/relative) and new grounds for refusal and for invalidation added
- Clarification which state bodies handle trademark invalidations
- Accelerated procedure of examination for trademark application available
- Exclusion of previously existing articles relating to the protection of well-known trademarks
For further information, please click hereSource: www.petosevic.com Jan 20, 2016 (Newsletter Issue 1/16)Accession to Hague Agreement On December 16, 2015, the Government of Turkmenistan deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs. A list of the Contracting Parties to the Hague Agreement is available here
The Act will enter into force on March 16, 2016.
Source: www.wipo.int Mar 06, 2012 (Newsletter Issue 4/12)
IP Legislation Amended
The law amending the Civil Code’s Part 4 entered into force on January 19, 2012.
The previous version of Part 4, titled “Author’s Rights”, was the main legal act on copyright and related rights in Turkmenistan, while the issues related to trademarks, patents and industrial designs were regulated by separate legal acts, which still remain in force.
The new Part 4 is titled “Legislation on Intellectual Property” and it outlines the legislative basics for the entire IP area, including copyright and related rights, database rights, patents, industrial designs, semiconductor topographies, selection achievements, trademarks and commercial names.
The new Part 4 also outlines the basics for IP licensing and assignment agreements, including the provisions on compulsory licensing and collective management of IP rights.
Finally, the new Part 4 provides legal remedies related to IP rights infringement. In particular, the new legislation clearly indicates the types of claims that the IP rights owner can file before the court.
In view of the replacement of the old Part 4 of the Civil Code, the Turkmenistan parliament adopted a separate copyright and related rights law, which entered into force on January 20, 2012.
Source: PETOŠEVIĆ Client Service Office, Belgium
Oct 01, 2011 (Newsletter Issue 11/11)
Use Requirement Compulsory
The national Law on Trade and Service Marks that became effective on November 15th, 2008, introduced oppositions and cancellation actions due to non-use.
Effective November 15th, 2011, the use of registered trademarks will be compulsory. The grace period for non-use of a registered trademark is three years as of the registration or the last use date.
This means, that beginning from November 15, 2011, any trademark, registered before November 15, 2008, can be canceled due to non-use. Trademarks registered after November 15, 2008 can be canceled due to non-use after 3 years of non-use.
However, the rules on filing opposition are not adopted yet. The official fee for filing an opposition is about EUR 75.
Source: www.liapunov.com
Legal basis is the Trademark Law of June 19, 2019.
Turkmenistan is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
The new law defines a trademark as a verbal, graphic or 3D designation of any color or color combination, or a combination of such designations, which serves to distinguish goods, works and services.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A signed and sealed/stamped power of attorney is sufficient. In case the seal-stamp is not available, the document must be notarized.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, substantive examination (absolute and relative grounds). 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 approximately 26-29 months.
Applications are published in the bulletin of Turkmenpatent. The new law doesn't clarify when, it only states that pending applications accepted for consideration are published by Turkmenpatent in the Official Bulletin. After an application is published, any interested party may file an objection to the possible registration of the trademark before the registration date of the published trademark.
National:An opposition against pending application can be filed by any interested person during the examination (after publication of data about acceptance of the application for consideration before the final decision is taken (item 6, part 2 Art. 15 of the Trademark Law), subject to payment of the corresponding fee. After the mark is granted protection 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 Appeal.
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 the date of registration, if the application was filed before November 15, 2008. If the application has been filed after the mentioned date, it is valid within 10 years from the filing date. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee for filing a trademark application is USD 250 for one class and USD 100 for each additional class. The registration fee (including certificate issue fee) is USD 200. Official fees for foreign applicants are stipulated in USD currency.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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