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Amendments to Trademark Laws

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Dez 16, 2021 (Newsletter Issue 18/21)
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Trademark and Geographical Indications Law Amended

Several amendments to the Mongolian Trademark and Geographical Indications Law (TML) were introduced and came into force on September 23, 2021.

Some of the amendments are the following:
- A two-phase opposition procedure has been introduced.
- The Intellectual Property Office of Mongolia (IPOM) now publishes trademark applications in the Official Journal after the formal examination.
- After the publication of the trademark application in the Official Journal, an interested party may submit an opposition to IPOM within 3 months from the filing date (Art. 8.10 TML), with the possibility of extending this period by 2 months (Art. 8.11 TML).
- For international applications, the opposition period is five months from the date of the publication of the MN (Mongolia) designation in the WIPO Gazette of the International Marks (Art. 11.9 TML).
- IPOM shall perform the substantive examination within 9 months from the filing date of the trademark application, which period may be extended by 6 months if necessary.
- Bad faith has been added to the list of grounds for refusal of registration (Art. 5.2.11 TML).
- The TML now stipulates that a trademark may be invalidated if the rights holder cannot provide evidence of reasonable efforts to use the trademark in the marketplace for a period of five years (Art. 33.1.3 TML).