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Amendments to Trademark Laws

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Mai 31, 2017 (Newsletter Issue 10/17)
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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