LAW
OF THE REPUBLIC OF ARMENIA
Adopted on 29 April 2010
ON TRADEMARKS
CHAPTER 1
MAIN PROVISIONS
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Article 1. |
Objectives of the Law |
1. This Law shall regulate the relations pertaining to the registration, legal protection and use of trade and service marks (hereinafter referred to as “the trademark”).
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Article 2. |
Main concepts used in the Law |
1. The main concepts used within the meaning of this Law shall be:
trade mark — a sign which is used to distinguish the goods and/or services of one person from those of another person;
person — natural or legal person;
generally known trademark — a trademark which, as of the date of submitting an application for declaring as generally known or the earlier date indicated therein, has gained wide recognition in the territory of the Republic of Armenia among the relevant circles of the public for the goods and/or services for which the trademark has been used;
collective sign — a trademark of an economic partnership of producers or service providers or of another voluntary union established by persons as prescribed by law (hereinafter referred to as “the union”), which is used for marking the goods and/or services of those persons;
certification mark — a trademark which is used to certify the compliance with certain characteristics of goods or services;
geographical indication — the name of the area (settlement), particular locality or, in exclusive cases — geographical name of the country, that serves to indicate a product having originated from the given area, particular locality or country, the particular quality, reputation or other peculiarities whereof are mainly conditioned by the given geographical origination, which has been produced and/or processed and/or made in the given geographical area;
appellation of origin — the name of the area (settlement), particular locality or, in exclusive cases — geographical name of the country, that serves to indicate a product having originated from the given area, particular locality or country, and the particular quality or other peculiarities whereof are mainly or exclusively conditioned by geographical natural conditions (including natural and human factors) and the production, processing and preparation whereof take place in the given geographical area;
application — a package of documents submitted to the state authorised body for the purpose of registration of the trademark as prescribed by this Law;
applicant — a person or persons in the name whereof the application has been submitted;
rightholder of a trademark — a person or persons to the trademark whereof protection has been granted pursuant to this law in the Republic of Armenia;
state register — the official collection containing data on registrations of trademarks that is maintained by the state authorised body pursuant to this Law, irrespective of the medium they are stored on;
licence — an authorisation to use the trademark, granted by the rightholder of the trade mark (licensor) to another person (licensee), under a licence agreement;
sub-licence — an authorisation to use the trademark, granted by the licensee to another person under a sub-licence agreement;
disclaimer — the declaration on waiving to grant legal protection to any element of the trademark;
Paris Convention — Paris Convention for the Protection of Industrial Property, signed on 20 March 1883, with further amendments and supplements;
TRIPS Agreement — Agreement on Trade-Related Aspects of Intellectual Property Rights, signed on 15 April 1994 in Marrakesh;
Madrid Agreement — Madrid Agreement Concerning the International Registration of Marks, signed on 14 April 1891, with further amendments and supplements;
Protocol Relating to the Madrid Agreement — means Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, signed on 28 June 1989;
Common Regulations means Common Regulations on Implementing the Madrid Agreement and the Protocol Relating to the Madrid Agreement;
Nice Classification — a classification established under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed on 15 June 1957, with further amendments and supplements;
international application — an application for international registration of a trademark submitted in accordance with the Madrid Agreement or the Protocol Relating to the Madrid Agreement or, where necessary, in accordance with the both;
international registration — registration of a trademark, carried out according to the Madrid Agreement and/or the Protocol Relating to the Madrid Agreement;
International Bureau — the International Bureau of the World Intellectual Property Organization;
International Register — an official collection of data concerning international registrations maintained by the International Bureau as prescribed by the Madrid Agreement and the Protocol to the Madrid Agreement, irrespective of the medium they are stored on;
Treaty on the Eurasian Economic Union — a treaty on trademarks, service marks and appellation of origin of goods of the Eurasian Economic Union (hereinafter referred to as “the Union”);
trademark of the Union — a sign protected simultaneously in all Member States of the Union that serves for identification of goods, works (hereinafter referred to as “the goods”) and/or services;
application for trademark of the Union — an application for registering the trademark of the Union, which is deemed as a document containing information required for registration of the trademark of the Union;
unified register of trademarks of the Union — a set of information on trademarks, service marks of the Union, which is composed of national sections (as of Member States) and posted on the official website of the Union — “Internet” information and telecommunications network;
date — day, month, year;
mutatis mutandis — with relevant amendments (in the meaning it has in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS));
state authorised body — a body of the state administration system authorised by law in the field of intellectual property, the functions whereof related to the protection of intellectual property, as well as other functions provided for by this Law are exercised by the intellectual property bureau of that body;
Appeals Board — the board settling disputable issues related to the legal protection of trademarks, established within the state authorised body;
notification — delivery of notification, which is done as prescribed by Article 10 of the Law of the Republic of Armenia “On public and individual notification via the Internet” or by a registered letter with acknowledgement of delivery or using other means of communication, including electronically or in person with a receipt;
database of applications — a collection of basic data on trademark applications, the composition of which is approved by the state authorised body;
(Article 2 amended by HO-25N of 16 December 2016, edited by HO-326-N of 18 June 2020, edited, supplemented by HO-143-N of 13 April 2023, supplemented by HO-427-N of 4 December 2025)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 3. |
Legislation on trademarks |
1. The legislation on trademarks is comprised of the Constitution of the Republic of Armenia, the Civil Code of the Republic of Armenia, this Law, and other legal acts.
2. Where the international treaties of the Republic of Armenia prescribe norms other than those provided for by this Law, the norm of the international treaties shall apply.
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Article 4. |
Rights of foreign persons |
1. Foreign persons shall, in compliance with the international treaties of the Republic of Armenia or under the principle of reciprocity, enjoy the rights provided for by this Law and bear liability on an equal basis with the citizens and legal persons of the Republic of Armenia.
2. For the purpose of enjoying the principle of reciprocity, the existence of reciprocity shall be proved by the person wishing to enjoy it.
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Article 5. |
Functions of the state authorised body |
1. Within the scope of this Law, the main functions of the state authorised body shall be:
(1) accepting and considering applications for registration of trademarks, conducting expert examination thereof, carrying out state registration of trademarks and issuing registration certificates on behalf of the State;
(2) receiving letters of notifications on international registrations of trademarks from the International Bureau, conducting expert examination thereof and granting legal protection to those trademarks in the territory of the Republic of Armenia;
(3) accepting, considering and deciding on applications for declaring trademarks as generally known;
(4) maintaining the State Register;
(5) registering transfer of rights to trademarks, trademark licence and, in cases prescribed by the law, franchising thereof;
(6) providing information services related to trademarks;
(7) representing the Republic of Armenia in the field of intellectual property in foreign and international organisations;
(8) acting as a receiving state body for applications submitted through the procedures prescribed by the Madrid Agreement and the Protocol Relating to the Madrid Agreement;
(9) carrying out procedures related to registration of trademarks and issuance of certificates;
(10) exercising other functions within the scope of competences thereof.
2. The state authorised body shall, in compliance with the international treaties of the Republic of Armenia and within the scope of contracts concluded with foreign organisations, conduct expert examination of trademarks. Funds generated within the scope of those treaties and contracts shall be directed to the State Budget.
(2.1) pursuant to the Treaty on the Eurasian Economic Union, acceptance of applications for trademarks of the Union, conduct of expert examination, registration of trademark of the Union in the unified register of trademarks of the Union, issuance of a certificate of trademark of the Union and performance of other functions related to registration and legal protection of the trademark of the Union;
3. The state authorised body shall publish information on applications for trademarks and registered trademarks, as well as other information on its activities in the official journal thereof entitled “Industrial Property”.
4. The state authorised body shall ensure the electronic accessibility of information on applications for trademark and registered trademarks for the public.
5. The state authorised body shall have an Appeals Board, the Statute whereof and the procedure for consideration of appeals shall be approved by the Government. The decision of the Appeals Board shall be deemed to be the final decision of the state authorised body. Any decision of the Appeals Board may be appealed in court.
(Article 5 amended by HO-272-N of 17 December 2014, HO-155-N of 28 September 2016, edited by HO-26-N of 20 December 2017, HO-236-N of 14 November 2019, supplemented by HO-143-N of 13 April 2023 )
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 6. |
State duties |
1. Pursuant to this Law, state duties shall be charged for carrying out certain actions related to the acquisition and maintenance of rights. Types, amounts and time limits for payment of state duties, return of the state duty, decreasing amounts thereof, grounds and procedure for exempting from state duty shall be prescribed by law.
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Article 6.1. |
Time limits for notification |
1. The state authorise body shall, within three working days following the adoption of the decision, forward the decision to the applicant as prescribed by Article 10 of the Law of the Republic of Armenia “On public and individual notification via the Internet” or by post or with the use of means of communication or via an electronic system (including via the electronic mail indicated by the applicant), as well as other means of electronic communication prescribed by legislation. Decisions shall be forwarded by one of the means preferred by the applicant and specified in this part. Irrespective of the way preferred by the applicant, the applicant may also receive the decision in person at the state authorised body within the time limit indicated in this part.
2. Other notifications provided for by this Law shall be forwarded, and enquiries shall be executed within three working days following the expiry of the relevant time limits or performance of actions provided for by law, as prescribed by Article 10 of the Law of the Republic of Armenia “On public and individual notification via the Internet” or by post or with the use of means of communication or via an electronic system (including via the electronic mail indicated by the applicant), as well as other means of electronic communication prescribed by legislation.
(Article 6.1 supplemented by HՕ-155-N of 28 September 2016, HO-427-N of 4 December 2025)
CHAPTER 2
LEGAL PROTECTION OF TRADEMARKS
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Article 7. |
Legal protection of a trademark |
1. Legal protection of a trademark in the territory of the Republic of Armenia shall be granted:
(1) based on the state registration thereof as prescribed by this Law;
(2) based on declaring the trademark as generally known in the Republic of Armenia as prescribed by this Law;
(3) based on an international registration pursuant to the Madrid Agreement and the Protocol Relating to the Madrid Agreement.
(4) based on the registration thereof, as prescribed by the Treaty on the Eurasian Economic Union.
2. Legal protection of a trademark shall extend to the goods and/or services for which the trademark has been registered.
3. The list of goods and/or services for which the trademark has been registered may be expanded by the rightholder of the trademark only by submitting a new application as prescribed by this Law.
(Article 7 supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 8. |
Signs which may be registered as trademarks |
1. Signs having the capacity to be graphically pictured may be registered as trademarks, in particular:
(1) words, phrases, names or slogans;
(2) letters or numbers;
(3) pictures, images or symbols;
(4) three-dimensional images, in particular, the appearance of goods or packaging (container) thereof;
(5) holograms, colours, combination or compositions of colours;
(6) audio signals;
(7) any combination of signs listed in points 1- 6 of this part.
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Article 9. |
Absolute grounds for rejecting the registration of a trademark |
1. A sign shall not be subject to registration as a trademark where:
(1) it fails to meet the requirements of Article 8 of this Law;
(2) it does not have a distinctive feature;
(3) it consists exclusively of such markings which serve to mark the time of production of goods or provision of service, type, quality, purpose of creation, price, geographical origin or other characteristics of goods or service in trade;
(4) it consists exclusively of such markings or indications which have become universal in the language or trade practices;
(5) it represents exclusively the appearance of the goods, which derives solely from the nature (features) of the goods, the need to achieve a technical result, or characterises the designation (functionality) of the goods or gives a substantial value to the goods;
(6) it contradicts the public order, the principles of humanism or morality, as well as is inappropriate to the national or spiritual values;
(7) it consists of or contains false data and/or those misleading the consumers as to the time of production of goods or provision of services, the type, nature, quality, quantity, purpose of creation, price, geographical origin of goods or services, or the producer of goods (service provider);
(8) it reproduces or contains state coats of arm, flags or emblems, official names of states or short forms thereof, full or short names of international and interstate organisations, official emblems, official supervisory, safeguarding and hallmark stamps, seals, awards and other distinguishing signs (pursuant to Article 6ter of the Paris Convention) or is similar to a misleading degree thereto;
(9) it reproduces marks or emblems, which are not protected under Article 6ter of the Paris Convention but are of particular public interest;
(10) it contains emblems deemed to be spiritual or cultural heritage of great significance, in particular religious, if it includes elements degrading religious or moral values;
(11) it reproduces or contains elements which are identical or similar to a misleading degree to the images of the cultural heritage of the Republic of Armenia or world cultural heritage or official names thereof, as well as images of cultural property safeguarded in the funds and collections, where the registration is applied for in the name of a person who is not the rightholder thereof or does not hold a relevant authorisation;
(12) (point repealed by HO-143-N of 13 April 2023)
(13) it consists of or contains:
(a) a geographical indication established for identifying wines or other alcoholic beverages, provided that the application for registration of trademark shall be submitted later than that for registration of the geographical indication or appellation of origin, in the cases where the goods did not originate from the given geographical area even if the actual origin of goods is indicated, or the geographical indication is used in translation or in combination with expressions such as “kind”, “type”, ”style”, “imitation”etc., or
(b) an indication that is identical or similar to a misleading degree to the geographical indication, appellation of origin or guaranteed traditional speciality protected in the territory of the Republic of Armenia where the goods did not originate from this geographic area, even if the actual origin of goods is indicated or the geographical indication is used in translation or in combination with expressions such as “kind”, “type”, ”style”, “imitation” etc.
2. Points 2-5 of part 1 of this Article shall not be applied where the applicant submits sufficient proofs to the effect that, as a result of use, the given trademark has gained a distinguishing characteristic before the year of submitting the application for the goods and/or services for which it has been submitted for registration.
2.1. The signs indicated in points 2-5 of part 1 of this Article may be included in the trademark as non-protected elements, where they do not form the prevailing part of the trademark.
3. The signs indicated in points 8 and 9 of part 1 of this Article, except for the official names of states, short forms thereof and signs similar to a misleading degree thereto, may be included in the trademark as non-protected elements, where they do not hold a prevailing part and where the authorisation of the relevant competent body exists.
3.1. Official names of states, short forms thereof and signs similar to a misleading degree thereto may be included in the trademark as non-protected elements, where they do not hold a prevailing part and the use of that trademark is not inappropriate to the reputation of the state and does not degrade it.
3.2. The signs indicated in point 11 of part 1 of this Article may be included in the trademark as non-protected elements where they do not form the prevailing part of the trademark and where there is relevant authorisation issued by the competent body or person.
4. Geographical indications and appellations of origin, which are protected in the Republic of Armenia, may be included in the trademark only in case the applicant has obtained the right of use thereof as prescribed by law. It is permitted to use the geographical indications and appellations of origin of other countries in a trademark being registered, where it does not contradict the requirements of this Law, is registered in the country of origin, and the applicant has the right of use thereof, Registered geographical indications and appellations of origin included in a trademark shall be non-protected elements of the trademark.
(Article 9 edited, supplemented by HՕ-184-N of 26 May 2011, edited, amended and supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 10. |
Relative grounds for rejecting the registration of a trademark |
1. A sign shall not be subject to registration as a trademark where:
(1) it is identical to the earlier trademark registered (having been granted a legal protection in the Republic of Armenia) for the same goods and/or services;
(2) it is identical or similar to a misleading degree to the earlier trademark, and the fact of the goods and/or services, marked thereby, being the same or similar has likelihood of misleading the consumers;
(3) it is identical or similar to a misleading degree to the earlier trademark and has been submitted for registration for goods and/or services which are not the same or similar to the goods and/or services for which the earlier trademark is registered, where the earlier trademark has a good reputation in the Republic of Armenia and where the use of the trademark applied for will result in unreasonable advantages due to the distinguishing feature or good reputation of the earlier trademark or would undermine the distinguishing feature or good reputation of the earlier trademark;
(4) it is identical or similar to a misleading degree to the trade name of another person who has acquired the right to that name in the territory of the Republic of Armenia before the date of submission of the application for the trademark or in case of the priority claimed — the date of priority, and who, before that date, has carried out real activities in the field of production of the same or similar goods (for which the trademark has been submitted for registration) or provision of the same or similar services, and that such identity or similarity would damage the good reputation of the trade name;
(5) it is identical or similar to a geographical indication, appellation of origin or guaranteed traditional speciality protected in the Republic of Armenia, and has been submitted for registration for goods which are identical or similar to the goods for which the geographical indication, appellation of origin or guaranteed traditional product is registered (protected), except for the cases where they are included in the trademark submitted for registration as unprotected elements, and the application has been submitted by a person having the right to use the geographical indication, the appellation of origin or the guaranteed traditional speciality of goods. Such trademark having been submitted for other goods shall not be subject to registration where the use of the claimed trademark will give rise to an unreasonable advantage due to the good reputation of the registered geographical indication, appellation of origin or guaranteed traditional speciality;
(6) it reproduces or includes an industrial design or any other object of industrial property, having an earlier date of priority, protected in the Republic of Armenia;
(7) it reproduces or includes literary, scientific or artistic works, protected under the copyright law, names thereof or quotations and fragments therefrom, characters thereof, where those rights have been acquired before the date of submission of the application for registration or in case of the priority claimed — the date of priority (if such) of the given trademark;
(8) it reproduces or includes the name or surname or pseudonym of a well known person or a portrait of any person, where the similarity thereto is misleading.
2. Within the meaning of part 1 of this Article, earlier trademarks shall be:
(1) trademarks date of submission of application or, where priority has been claimed pursuant to Article 42 of this Law, the date of priority whereof precedes the date of submission of the application under consideration or, where priority has been claimed pursuant to Article 42 of this Law, such date of priority, and shall constitute:
a. trademarks protected in the Republic of Armenia based on registration;
b. trademarks protected in the territory of the Republic of Armenia based on international registration;
(2) trademarks claimed for being granted legal protection indicated in point 1 of this part, provided that in further legal protection will be granted thereto;
(3) trademarks which, have been declared as generally known in the Republic of Armenia as prescribed by this Law as of the date of submitting the application for the claimed trademark or of the date of priority claimed pursuant to Article 42 of this Law.
3. Registration of a sign as a trademark based on part 1 of this Article may not be rejected, where the holder of the earlier trademark or of the earlier right or the legal successor thereof or, in cases provided for by law, the state body having the relevant power, has given the consent thereof, except for identical trademarks which have been claimed for similar goods and/or services.
4. The registration of a trademark shall be subject to rejection where it:
(1) has been claimed by an agent or representative of a person that is the rightholder of the trademark in any country that is a party to the Paris Convention or a member of the World Trade Organization, without the rightholder’s authorisation, except for cases when the agent or the representative proves that the actions thereof are justified;
(2) is identical or similar to a misleading degree to the earlier trademark which has been registered for the same or similar goods and/or services and that registration has been terminated within a period of two years preceding the date of submission of the application for the trademark due to the failure to extend it, except for cases when the consent of the rightholder of the earlier trademark exists or the latter does not use the trademark thereof;
(3) may mislead in respect of the trademark used as of the date of submission of the application in the Republic of Armenia or outside its territory and which is still in use, provided that the applicant has acted mala fide when submitting the application. The applicant’s action shall be deemed to be mala fide where the applicant has known or might have known about the existence of such a trademark at the moment of submitting the application. The applicant’s action shall also be deemed to be mala fide where, for the purposes of registration of the trademark, the applicant has submitted such false and groundless documents and/or information without which the registration of the trademark would be impossible.
(Article 10 amended by HO-155-N of 28 September 2016, HO-113-N of 3 March 2021, supplemented, edited and amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 11. |
Disclaimers |
1. A trademark may not consist only of such elements which are not subject to registration as separate trademarks.
2. Where a claimed trademark contains elements indicated in part 1 of this Article and where there are substantiated reasons for assuming that those elements may impact the validity of the registration of the trademark, those elements may — upon the request of the applicant or (upon his or her application) or in the cases provided for by this Law— be declared as disclaimed upon the decision of the state authorised body, which, being included in the trademark, shall not be granted independent legal protection.
3. Where the grounds whereon the elements of the trademark have been declared as disclaimed have been eliminated, a new application for registration of the trademark containing those elements may be submitted, without the restriction indicated in part 2 of this Article.
4. A disclaimer shall not affect the exclusive right of the rightholder of the trademark thereto.
(Article 11 amended by HՕ-184-N of 26 May 2011, edited by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 12. |
Exclusive right to a trademark |
1. The rightholder of a registered trademark shall have the exclusive right to prohibit third persons to use during commercial activities, without the authorisation thereof, any sign which:
(1) is identical to the registered trademark and is used for goods and/or services for which the trademark is registered;
(2) is identical or similar to the registered trademark and is used for goods and/or services which are the same or similar to the goods and/or services for which the trademark is registered, where the use of that sign involves a risk of misleading a consumer, including the combination with the registered trademark;
(3) is identical or similar to the trademark registered for other goods and/or services, where the latter has good reputation in the Republic of Armenia, and the use of this sign will result in unreasonable advantages or will undermine the distinctive nature or good reputation of the trademark.
2. Pursuant to part 1 of this Article, the rightholder of the trademark may prohibit third persons from carrying out the following actions:
(1) placing of the sign on goods or the packages thereof, as well as the use thereof as packaging for these goods in case of a three-dimensional trademark;
(2) offering the sales of the goods, the sales thereof or warehousing thereof for that purpose or providing or offering services under that sign;
(3) importing or exporting goods with that sign;
(4) using the sign on documents or for advertisement purposes;
(5) using the identical or similar sign on the Internet or in Internet website domain names, even if the website operating under the given domain name is inactive or contains no information;
(6) reproduction, warehousing or selling the sign for the purposes indicated in points 1-4 of this part.
3. The following shall be, inter alia, a violation of a distinguishing feature of a trademark indicated in point 3 of part 1 of this Article, where:
(1) the sign is used in a trade name and, due to the similarity of the sign to the registered trademark, the use of the trade name misleads the consumer in terms of the goods and/or services for which the trademark is registered;
(2) the reproduction or presentation of the sign in an advertisement or in the media gives the impression that it is a generic name of certain goods and/or services.
4. The exclusive right to the trademark shall have effect for third persons from the date of publication by the state authorised body of official information on the registration of the trademark or the date of publication of an entry made in the International Register on granting legal protection to the trademark in the Republic of Armenia or from the date of registering it in the unified register of the trademarks of the Union.
The rightholder of the trademark may claim a compensation within the damage caused against after the official publication of the application or publication of information on the international registration of the trademark against the performance of the actions indicated in parts 2 and 3 of this Article, which shall be prohibited after the publication of the information on registration of the trademark or after the publication of the entry made in the International Register on granting legal protection to the trademark in the Republic of Armenia. The court may not render a decision on the merits based on the relevant claim before the publication of information on registration of the trademark or publication of the entry made in the International Register on granting legal protection to the trademark in the Republic of Armenia.
5. The rightholder of the trademark may use a warning marking along with the trademark — in the form of encircled letter “R” or a note to the effect that the trademark is protected in the Republic of Armenia.
The use of the warning marking along with an unregistered trademark shall be deemed to be an action of unfair competition.
6. Goods on which or on the packaging or labels whereof the trademark is used illegally shall be deemed to be counterfeit (fake, imitated).
(Article 12 amended, edited and supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 13. |
Restriction on the exclusive right |
1. The exclusive right shall not extend to the elements of the trademark which may not be registered as a separate trademark pursuant to this Law may not be registered as a separate trademark, in particular to descriptive elements, on condition of bona fide use thereof and not violating the lawful interests of the rightholder of the trademark or third persons.
2. The exclusive right shall not entitle the rightholder of the trademark to prohibit third persons to use the following in production or trade activities in accordance with the bona fide practices accepted by the public:
(1) their name or location (address );
(2) instructions on the kind, quality, quantity, purpose, value of the goods or the services provided, as well as the geographical origin or other characteristics of the production of the goods or the service rendered;
(3) a trademark, where it is necessary to indicate the purpose of the production of goods and/or provision of service, in particular as auxiliary or ancillary parts, where they are used without damaging the lawful interests of the rightholder of the trademark or third persons and without misleading the consumer;
(4) in a comparative advertisement of the trademark, where such advertisement is not prohibited by law.
(Article 13 amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 14. |
Exhaustion of rights to the trademark |
1. The realisation (the use of a trademark) of goods bearing the given trademark or marked thereby which have been put in economic circulation by the rightholder or upon the consent thereof in the Republic of Armenia or another country with which an existing international agreement on a common market or common customs border was concluded, shall not be deemed as a violation of the exclusive right to the trademark.
2. (Part repealed by HO-143-N of 13 April 2023)
3. (Part repealed by HO-143-N of 13 April 2023)
(Article 14 edited and amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 15. |
Mentioning the trademark in dictionaries |
1. Where placement of a registered trademark in a dictionary or encyclopaedia leaves the impression that it is a generic name for the goods or services for which the trademark is registered, the relevant publisher shall — upon the request of the rightholder of the trademark — be obliged to publish information on any mass media of the Republic of Armenia indicated by the rightholder of the trademark to the effect that it is a registered trademark and combine the placement of the trademark with the mentioned information in the next publication.
2. The provisions of part 1 of this Article shall also extend to publications made electronically.
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Article 16. |
Registration of a trademark without the authorisation by the rightholder of the trademark |
1. Where the agent or representative of a person that is the rightholder of a trademark submits an application for registration of the given trademark in the name thereof without the authorisation by the rightholder of the trademark in one of the Member States of the Paris Convention, the rightholder shall have the right to appeal against the registration of the trademark claimed or request to revoke the registration or transfer the indicated registration thereto as long as such agent or representative has not proved that the actions thereof are justified.
2. In cases indicated in part 1 of this Article, the rightholder of a trademark shall have the right to apply to court for the purpose of prohibiting the use of the trademark by the agent or representative thereof.
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Article 17. |
Use of the trademark and consequences of not using it |
1. Within the meaning of this Article, use of a trademark shall be deemed to be:
(1) its use at the place of provision of the service (including on the website in case of a virtual service) and/or its placement on the goods and/or the packaging thereof for which the given trademark was registered,
(2) its use in advertisements, publications, official letterheads, signboards related to the production and/or realisation of goods or provision of services only in the cases where the use of the mark on these goods or the packaging thereof or at the entrance to the place of providing the service is impossible;
(3) the use of the trademark in a manner which differs from what is registered, only by separate non-essential elements not changing the distinguishing nature thereof;
2. Registration of a trademark may be revoked — based on a civil judgment of the court rendered as a result of consideration of a claim filed to the court by a person pursuing legal interest or of a counterclaim — in respect of all goods and/or services for which it was registered or for a part thereof, where the trademark was not used at all for a period of three consecutive years calculated from the date of registration of the trademark, or in case the relevant claim to be filed to the court (counterclaim) was filed later — within the three consecutive years immediately preceding it, and where in case of its use it was not actually used in the Republic of Armenia, by the rightholder of the trademark or by the person possessing this right pursuant to this Law, in respect of the goods and services against which a claim for revoking or partially revoking or a counterclaim was filed. The burden of proof of the fact of use of the trademark shall be borne by the rightholder of the trademark or the person having the right to use the given trademark pursuant to this Law.
3. A trademark shall be deemed to be put in real use where the rightholder thereof or the person having the right to use of the given trademark pursuant to this Law has used the trademark in a certain time period over goods or service produced or put into economic circulation constantly or at a certain periodicity, for which the given trademark is registered, provided that the mentioned use complies with the level of realisation of the given goods or service.
4. The relevant claim (counterclaim) for revoking the registration of a trademark having been filed to the court may not be granted where, prior to submission of the relevant claim or counterclaim, the real use of the given trademark has started or resumed in the Republic of Armenia. Moreover, where the beginning or resumption of the real use of the trademark has taken place within a period of three months prior to the submission of relevant claim (counterclaim) for revoking the registration of trademark to the court , the use shall not be taken into account, where the real use of the trademark has been started or resumed only after the likelihood of filing a claim (counterclaim) for revoking the registration of the trademark became known or could have become known to the rightholder of the trademark.
5. The registration of the trademark may not be terminated in respect of all goods and/or services or a part thereof upon the grounds prescribed by part 2 of this Article, where:
(1) the rightholder of the trademark or the person having the right to use it pursuant to this Law submits evidence to the effect that the failure to put the trademark in real use was conditioned by circumstances that were not dependant thereon, were insurmountable and not envisaged;
(2) the trademark has been used by the rightholder of the trademark or the person having the right to use it pursuant to this Law in such a manner which differs from what is registered only in separate non-essential elements not changing the distinguishing nature thereof;
(3) in the Republic of Armenia, the trademark has been placed, exceptionally for the purpose of export, on the goods and/or their packagings wherefor the given trademark was registered.
(Article 17 edited, amended and supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
CHAPTER 3
TIME LIMIT FOR PROTECTION OF A TRADEMARK
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Article 18. |
Validity period of registration of a trademark |
1. The validity period of registration of a trademark shall be ten years calculated from the date of submission of the application.
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Article 19. |
Extending the validity period of registration of a trademark |
1. The validity period of registration of a trademark may be extended for multiple times in respect of all goods and/or services or a part thereof (wherefor it was registered), each time for a period of ten years.
2. The validity period of the registration of a trademark shall be extended based on the application of the rightholder thereof or the authorised person thereof, which shall be submitted to the state authorised body and considered within 10 working days.
3. The application shall be filed during the last year of the current validity period of the registration of the trademark.
4. The validity period of the registration of a trademark may also be extended within six months after the expiry of the validity period of the registration of the trademark, based on the application submitted, in case of paying additional state duty.
5. The time limit for extension of the validity period of the registration of a trademark shall be calculated from the day following the time period of the preceding ten years.
6. The state authorised body shall make a record in the state register, the certificate of the trademark (upon the wish of the rightholder) on the extension of the validity period of the registration of a trademark and publish information in the official journal thereof entitled “Industrial Property”.
7. The form of the application, procedure for formulation, filling in, submitting and considering it shall be established by the Government.
8. The application may not be rejected without providing the applicant with the opportunity to submit arguments in favour of extending the validity period of the registration of the trademark.
9. Pursuant to this Article, in case the accuracy of any note or instruction of the application filed gives rise to doubts, the state authorised body may request relevant proof.
10. The state authorised body shall notify about the expiry of the validity period of the registration of the trademark to the rightholder thereof, within the ninth month of the last year of the current validity period of the registration of the trademark.
(Article 19 amended by HՕ-155-N of 28 September 2016, edited and supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
CHAPTER 4
TERMINAITON OF RIGHTS OVER A TRADEMARK
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Article 20. |
Waiving a trademark |
1. The rightholder of a trademark may waive the trademark in respect of all goods and/or services for which the given trademark is registered or a part thereof.
2. Waiving a trademark shall be carried out through submission of an application with the state authorised body by the rightholder of the trademark or the authorised person thereof. Rights over a trademark shall terminate from the day of entering the information on waiving the trademark in the state register.
3. In case a licence contract is registered, information on waiving a trademark shall be entered in the state register, where the rightholder of the trademark submits proof to the effect that he or she has notified the licensee about waiving the trademark.
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Article 21. |
Revoking the registration of a trademark |
(Title amended by HO-143-N of 13 April 2023)
1. Registration of a trademark may be revoked based on a civil judgment of the court rendered as a result of consideration of a relevant claim submitted to the court or a counterclaim in a case on protection of rights, where:
(1) the trademark has not been used at all or has not been put into real use in the Republic of Armenia by the rightholder of the trademark or by the person having the right to do so pursuant to this Law for a period of three consecutive years calculated from the date of registration of the trademark or, in case the claim (counterclaim) is filed later, within the three consecutive years immediately preceding it, in respect of all goods and/or services for which it is registered, taking into account the provisions of Article 17 of this Law;
(2) the trademark has become a universally used name for the goods or service for which it is registered as a result of the activity or inaction of the rightholder of the trademark;
(3) the use of the trademark for goods or services directly by the rightholder of the trademark or upon the consent thereof may mislead the consumer, in particular in terms of the type of the goods and/or services for which it was registered or in terms of the quality, geographical origin of the goods and/or services or the producer of goods (service provider) .
2. Where the ground for revoking the registration of a trademark exists only for a part of the goods and/or services for which it is registered, the registration of the trademark shall be revoked partially, only for the relevant goods and/or services.
3. The provisions prescribed by parts 1 and 2 of this Article shall be applied mutatis mutandis for trademarks protected in the Republic of Armenia based on international registration.
4. In compliance with parts 1-3 of this Article, in case of revoking the registration of a trademark based on a civil judgment of the court, the rightholder thereof shall be deprived of the rights over the trademark in full or partially, from the day of entry into legal force of the civil judgment of the court.
(Article 21 amended and edited by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 22. |
Absolute grounds for invalidity of the registration of a trademark |
1. The registration of a trademark may be declared as invalid based on a civil judgment of the court rendered as a result of consideration of a relevant claim submitted to the court or a counterclaim in a case on protection of rights, where the registration of the trademark does not comply with the requirements prescribed by Article 9 of this Law.
2. The registration of a trademark, which does not comply with the provisions of points 2, 3 or 4 of part 1 of Article 9 of this Law, may not be declared as invalid, where the trademark has gained a distinguishing feature as a result of use after the registration for the goods and/or services for which it has been registered.
3. Where the grounds for declaring as invalid relate to a part of the goods and/or services for which the given trademark is registered, the registration may be declared as invalid only for that part of the goods and/or services.
4. Pursuant to part 1 of this Article, a claim may be filed by any person, during the entire time limit for the legal protection of the trademark.
(Article 22 supplemented by HՕ-184-N of 26 May 2011)
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Article 23. |
Relative grounds for invalidity of the registration of a trademark |
1. Registration of a trademark may be declared as invalid based on a civil judgment of the court rendered as a result of consideration of a relevant claim submitted to the court or a counterclaim in a case on protection of rights, where:
(1) where an earlier trademark indicated in part 2 of Article 10 of this Law exists, and the conditions provided for by any one of points 1-3 of part 1 of the same Article exist as well;
(2) the earlier right indicated in any one of points 4-8 of part 1 of Article 10 of this Law exists, and the relevant conditions provided for by the given point exist as well;
(3) the grounds provided for by any one of the points of part 4 of Article 10 of this Law exist.
1.1. Pursuant to part 1 of this Article, a claim may be filed by the holder of the earlier right to the trademark or another earlier right indicated in the same part, within 5 years from the day of publication of the information on the trademark n the official journal “Industrial property” or, pursuant to Article 7 of this Law, from the day of granting protection without registration.
2. Use of a trademark may be prohibited upon the ground of another earlier right, in particular copyright, right to a name or image, right to protected geographical indication or appellation of origin, and right to protected invention or industrial design.
3. A trademark may not be declared as invalid, where the holder of any one of the rights indicated in part 1 of this Article or the legal successor thereof or, in the relevant case, the competent state body has given the consent thereof to the registration f the trademark before filing a claim for declaring the given trademark as invalid or filing a counterclaim.
4. The holder of any one of the rights indicated in part 1 of this Article, who has filed an earlier claim for declaring the trademark as invalid or a counterclaim in a case on protection of rights with the court, may not invoke any other right but the indicated rights for the purpose of substantiation thereof.
5. Where the grounds for invalidity relate to only certain goods and/or services for which the trademark is registered, the registration of the trademark shall be declared as invalid only with respect to the relevant goods and/or services.
6. Upon the motion of the rightholder of the trademark, the earlier rightholder of the trademark who, in compliance with point 1 of part 1 of this Article, has filed a claim or counterclaim with the court, by opposing the earlier trademark thereof, must submit evidence to the effect that the earlier trademark has been put into real use in the Republic of Armenia within a period of five consecutive years preceding the date of publication of the official information on the registration of the trademark for the goods and/or services for which the trademark has been registered, and that the opposition relates to those goods and/or services or that the failure to put the trademark into real use was conditioned by circumstances that were not dependant thereon, were insurmountable and not envisaged, provided that the earlier trademark has been registered for at least five years from the date of publication of the official information on the registration of the trademark. The claim shall be rejected in case of absence of such evidence. Where the earlier trademark has been used for a part of the goods and/or services for which the trademark has been registered, the earlier trademark may be opposed to only the relevant part of the goods and/or services during the consideration of the claim.
(Article 23 supplemented by HO-184-N of 26 May 2011, amended by HՕ-113-N of 3 March 2021)
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Article 24. |
Restriction of rights due to the inaction of the rightholder |
1. Where the rightholder of an earlier trademark or any earlier right has knowingly tolerated the use of the trademark registered later within five consecutive years, pursuant to part 1 of Article 23 of this Law, a claim or counterclaim may no longer be filed for declaring the registration of the trademark as invalid or prohibiting the use of the later trademark for the goods and/or services for which the later trademark has been used, provided that the registration of the later trademark was not conducted for mala fide purposes.
2. In cases indicated in part 1 of this Article, the rightholder of the earlier trademark shall not have the right to appeal against the use of the earlier right.
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Article 25. |
Consequences of revoking the registration of a trademark and declaring it as invalid |
1. Where in cases provided for by this Law the registration of a trademark has been declared as invalid in full or partially, the validity period of the trademark shall be fully or partially terminated from the date of filing a claim therefor or a counterclaim with the court in a case on protection of rights. The court may define an earlier date based on the application of one of the parties, when any one of the grounds for revoking the registration of the trademark has arisen.
2. When the registration of a trademark has been declared as invalid in full or partially, it shall be deemed that the trademark has not had validity of the registration provided for by this Law to the relevant extent starting from the date of submission of the application.
3. In case of compensation for the damage caused as a result of the negligent or mala fide activity of the rightholder of the trademark, as well as application of provisions on unjust enrichment, the revocation of the registration of the trademark or declaration thereof as invalid shall not impact on:
(1) final decisions on violation of rights, which have been enforced before adopting the decision on revoking the registration of the trademark or declaring it as invalid;
(2) contracts concluded before adopting the decision on revoking the registration of the trademark or declaring it as invalid, to the extent they have been enforced before adopting the relevant decision. At the same time, based on fair circumstances, compensation of a certain amount may be claimed, which was paid in accordance with the contract.
CHAPTER 5
TRANSFER OF RIGHTS TO A TARDEMARK
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Article 26. |
Transfer of rights over a registered or claimed trademark |
1. Rights over a registered or claimed trademark may be transferred to another person through legal succession or under a contract by the rightholder (applicant) in full or partially, irrespective of the transfer of the rights over the legal person that is a rightholder (applicant).
2. Rights over a registered or claimed trademark may be transferred in respect of all goods and/or services for which it has been registered or claimed or a part thereof.
3. The new status of the trademark conditioned by the transfer of rights over a registered or claimed trademark shall have effect on third persons from the day of making a relevant record in the state register or the database of applications for trademarks.
4. In order to register the transfer of rights over a trademark in the state register, one of the parties carrying out the transfer shall submit the following to the state authorised body:
(1) an application for making registration of the transfer of rights;
(2) a document attesting the transfer of rights;
(3) receipt of the payment of the state duty prescribed by law;
(4) the document certifying the powers of the representative (where a representative is available;
(5) the statement of information on the number of employees as of the day of paying the state duty, where the state duty has been paid at a discount — pursuant to Article 28 of the Law of the Republic of Armenia “On state duty”.
5. The state authorised body shall — within seven working days after the day of receiving the documents indicated in part 4 of this Article — conduct expert examination thereof and, where they comply with the requirements of this Article, register the transfer of rights in the state register or the database of applications for trademarks.
6. The state authorised body shall reject the registration of the transfer of rights, where it is obvious that the use of the trademark may mislead the public as a result of the transfer, in particular in terms of the nature, type, quality, and geographical origin of the goods and/or services, the producer of goods (service provider) for which the trademark is registered, except where the party receiving the rights agrees to limit the registration of the trademark with the goods and/or services for which the threat of misleading is absent.
7. Where a trademark is registered in the name of an agent or representative of a rightholder of a trademark of any member country of the Paris Convention without his or her consent, the latter shall have the right to request the transfer of the rights in his or her favour, except where the agent or representative proves the lawfulness of the actions thereof.
8. Information on the transfer of rights over a registered trademark shall be published in the official journal “Industrial Property”.
9. Actions of the state authorised body provided for by part 5 of this Article may be challenged by the parties to the transfer of rights to a trademark at the Appeals Board within a period of three months from the day of publication of the information on the registration of the transfer of the rights.
10. The form of the application indicated in this Article, the procedure for filling in, submitting and considering it, shall be established by the Government.
(Article 26 supplemented, amended by HՕ-155-N of 28 September 2016, supplemented and edited by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 27. |
Issuance of licence |
1. The rightholder (licensor) of a trademark may authorise another person (licensee) under a licence contract to use the trademark in respect of all goods and/or services for which the trademark is registered or a part thereof.
2. A licence may be:
(1) exclusive, where it is issued only to one licensee and precludes the use of the trademark by the rightholder of the trademark and issuance of a licence to other persons;
(2) non-exclusive, where it does not preclude the use of the trademark by the rightholder thereof and issuance of a licence to any other person;
(3) single, where it is issued only to one licensee, which precludes the issuance of a licence to other persons by the rightholder of the trademark but does not preclude the use of the trademark by the rightholder thereof.
3. A licence must be registered in the state register, for which one of the parties to the licence contract shall submit the following documents to the state authorised body:
(1) an application for registering the licence;
(2) the licence contract, excerpt from the licence contract or a statement on issuing a licence, signed by the licensor and the licensee;
(3) receipt of the payment of the state duty prescribed by law;
(4) the document certifying the powers of the representative (if a representative is available).
4. The licence contract, the excerpt from the licence contract and the statement on issuing a licence must contain the following data:
(1) surname, name (title) and location (address) of the licensor;
(2) surname, name (title) and location (address) of the licensee;
(3) registration number of the trademark for which the licence is being issued;
(4) type of the licence;
(5) the list of goods and/or services for which the licence is being issued;
(6) validity period of the licence;
(7) territory where the licence is valid.
5. The state authorised body shall — within seven working days after the day of receiving the documents indicated in part 3 of this Article — conduct expert examination thereof and, where they comply with the requirements of this Article, register the licence in the state register.
6. A licence shall be valid for third persons from the date of registration thereof in the state register. Information on the registered licence shall be published in the official bulletin “Industrial Property”.
7. In case of failure to comply with any condition of the licence contract, the licensor may, pursuant to Article 12 of this Law, submit a request to the licensee who has failed to comply with any condition of the licence contract.
8. Without prejudice to the provisions of the licence contract, the licensee may file a claim with the court in relation to protection of rights over the trademark only upon the consent of the licensor. In case of an exclusive licence, the licensee may file such a claim, where the licensor of the trademark has not filed a relevant claim within a reasonable time limit after being notified.
9. Any licensee shall have the right, for compensation of damage caused, to become a participant of a case for protection of rights over a trademark initiated by the rightholder of the trademark.
10. Further amendments of the conditions of the licence indicated in part 4 of this Article, as well revocation of the licence shall be registered in the state register, for which one of the parties to the licence contract shall submit the following documents to the state authorised body:
(1) an application for registering the amendment to the licence or revoking it;
(2) a document certifying the amendment to the licence or revoking it, or a statement on the amendment to the licence or revoking it, signed by the licensor and the licensee.
11. The forms of the applications indicated in this Article, the procedure for filling in, submitting and considering them shall be established by the Government.
12. Applications provided for by this Article may not be rejected without providing the applicant with the opportunity to submit arguments in favour of registration of the licence or amendments thereto.
13. Pursuant to this Article, in case the accuracy of any note or document of the applications filed gives rise to doubts, the state authorised body may request relevant proof.
14. The provisions of this Article shall apply mutatis mutandis to sub-licences and, in cases prescribed by law, to franchising .
(Article 27 amended by HՕ-155-N of 28 September 2016)
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Article 28. |
Pledge of rights to a trademark and imposing attachment thereon |
1. Rights to a trademark may be a subject of a secured right as prescribed by law, or a limitation may be imposed thereon as prescribed by law.
2. Legal relations pertaining to the registration of the secured right to a trademark shall be regulated by the Law of the Republic of Armenia “On registration of secured rights to movable property”.
(Article 28 edited by HՕ-272-N of 17 December 2014)
CHAPTER 6
GENERALLY KNOWN TRADEMARKS
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Article 29. |
Legal protection of a generally known trademark |
1. A trademark may be declared as generally known in the Republic of Armenia, where it has gained a wide recognition in the Republic of Armenia as a result of use for the relevant circles of the public for the goods and/or services for which the trademark has been used.
2. A trademark may be declared as generally known and obtain legal protection in the Republic of Armenia irrespective of the circumstance of having been registered.
3. A trademark shall be declared as generally known in the Republic of Armenia by the Appeals Board.
4. Legal protection shall be granted to a trademark declared as generally known for an unlimited term.
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Article 30. |
Scope of legal protection of a generally known trademark |
1. The rightholder of a trademark declared as generally known in the Republic of Armenia, in addition to the rights prescribed by Article 12 of this Law, shall also have the right to prohibit other persons to use — without the authorisation thereof — a sign during industrial or commercial activities, which is the reproduction, imitation or translation of a generally known trademark, may mislead in respect of the latter and is used for identical and/or similar goods.
2. The rightholder of a trademark declared as generally known in the Republic of Armenia, in addition to the rights prescribed by Article 12 of this Law, shall also have the right to prohibit other persons to use in industrial or commercial activities — without the authorisation thereof — such a sign for similar goods and/or services, which may be perceived as a reproduction, imitation or translation of a trademark declared as generally known, and may mislead where the use of the given sign for such goods or services assumes connection between those goods and/or services and the goods and/or services for which the generally known trademark is used, and such use may cause damage to the interests of the rightholder of the trademark declared as generally known.
3. The rightholder of a trademark declared as generally known shall have the right to apply to court for exercising the rights prescribed by parts 1 and 2 of this Article. Where the trademark opposed to the trademark declared as generally known has been put into real use during industrial or commercial activities within five consecutive years preceding the date of applying to court, that circumstance shall serve as a ground for rejecting the claim filed with the court.
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Article 31. |
Declaring a trademark as generally known |
1. In order to declare a trademark as generally known, any interested person may submit an application to the Appeals Board. The application must relate to one trademark only.
2. The application must contain the reproduction and description of the trademark, as well as the date from which the declaration of the trademark as generally known is being claimed.
3. The following shall be attached to the application:
(1) documents containing information on the rightholder or user of the trademark;
(2) the list of goods and/or services for which the trademark is used;
(3) documents attesting to the level that the trademark is known among the scope of relevant person for the goods and/or services for which the trademark is used;
(4) documents attesting to the start and time period of use of the trademark;
(5) documents containing information on the geographical area of use of the trademark in the Republic of Armenia;
(6) receipt of payment of the state duty prescribed by law.
4. The Appeals Board shall consider the application for declaring a trademark as generally known in the Republic of Armenia and render a relevant decision thereon within a period of two months from the day of receiving the application.
5. A trademark may not be declared as generally known, where:
(1) the documents provided for by part 3 of this Article are not complete or accurate or are not sufficiently convincing that the trademark really has gained a wide recognition for the relevant circles of the public in the Republic of Armenia for the goods and/or services for which it has been used;
(2) the trademark has gained a wide recognition for the relevant circles of the public in the Republic of Armenia for similar goods and/or services after the priority date of a registered trademark of another person that is the same or similar to a misleading degree.
6. The following shall be indicated in the decision on declaring a trademark as generally known in the Republic of Armenia:
(1) surname, name (title) and location (address) of the rightholder of the generally known trademark;
(2) the list of goods and/or services for which the trademark has been declared as generally known;
(3) the date from which the trademark has been declared as generally known in the Republic of Armenia.
7. Based on the decision on declaring a trademark as generally known in the Republic of Armenia, the state authorised body shall — within a period of one month — make a relevant record in the database of generally known trademarks, hand over the certificate of the generally known trademark to the rightholder thereof and publish information on declaring the trademark as generally known in the official journal “Industrial Property”.
CHAPTER 7
COLLECTIVE MARKS AND CERTIFICATION MARKS
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Article 32. |
Collective marks |
1. Collective marks shall be used for distinguishing the goods and/or services of one association (group of persons, hereinafter referred to as “the association”) from the goods and/or services of other persons. Associations of makers, producers, service providers, sellers, that may — as prescribed by law — have rights and responsibilities, conclude contracts and draw up other legal documents, file claims with the court, shall have the right to register a collective mark.
2. Irrespective of the provisions of point 3 of part 1 of Article 9 of this Law, within the meaning of part 1 of this Article, collective marks may be signs or instructions which may serve in trade as indication of geographical origin of goods and/or services. The rightholder of a collective mark shall not have the right to prohibit third persons from using such signs or instructions in trade, provided that the use thereof by third persons complies with the conditions of bona fide use in industrial or commercial activities. In particular, the existence of such a trademark may not prohibit third persons from using the geographical indication.
3. Taking into account the provisions of Articles 33-38 of this Law, the provisions of this Law relating to trademarks shall equally apply to collective marks.
4. A collective mark or the application therefor may be transformed respectively into a trademark of a person or an application for a trademark and vice versa as prescribed by the Government.
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Article 33. |
Regulation on the use of a collective mark |
1. An applicant for a collective mark shall submit — concurrently with the application — to the state authorised body the regulation on the collective mark approved by the association.
2. The regulation on a collective mark shall define the conditions for joining the association by persons having the right to use the trademark, which must be equal for all members of the association, as well as the conditions for using the trademark, including the sanctions, where available. The regulation on the use of a collective mark must give any person the goods and/or services whereof are from the relevant geographic location the right to become a member of the association that is the rightholder of the collective sign for the cases indicated in part 2 of Article 32 of this Law.
3. The state authorised body shall publish the regulation on the use of a collective mark in the official journal “Industrial Property” concurrently with the information on the registration of the collective mark.
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Article 34. |
Rejection of registration of a collective mark |
1. In addition to the grounds provided for by this Law for rejecting the registration of a trademark, registration of a trademark may also be rejected where the requirements of Articles 32 and 33 have not been complied with or where the regulation on the use of the collective mark contradicts the interests of the public or the principles of morality.
2. Registration of a collective mark shall also be rejected in the case where there is a threat of misleading the consumer on the nature or designation of the mark and especially when it is not perceived as a collective mark.
3. Registration of a collective mark shall not be rejected where the applicant eliminates the incompliances with the requirements of parts 1 and 2 of this Article through making amendments to the regulation on the use of the collective mark.
(Article 34 amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 35. |
Amendment to the regulation on the use of a collective mark |
1. The rightholder of a collective mark must inform the state authorised body about any amendment to the regulation on the use of the collective mark.
2. Amendments shall not be entered into the register of trademarks, where the amended regulation on the use of a collective mark does not comply with the requirements or Article 33 of this Law or contains a ground for rejection prescribed by Article 34 of this Law.
3. Amendments to the regulation on the use of a collective mark shall enter into force from the date of making a relevant record in the state register of trademarks.
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Article 36. |
Filing a claim for protection of rights over a collective mark |
1. The rightholder of a collective mark may request compensation in the name of persons having the right to use the collective mark for the damage caused as a result of the illegal use of the trademark.
2. The provisions f parts 8 and 9 of Article 27 of this Law on the rights of licensees shall apply to all persons having the right to use a collective mark.
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Article 37. |
Grounds for deprivation of rights over a collective mark |
1. In addition to being deprived of the rights upon the grounds provided for by this Law, the rightholder of a collective mark may be deprived of the rights thereof as a result of consideration of a relevant claim or counterclaim filed with the court with regard to protection of rights, where:
(1) the rightholder has failed to undertake relevant measures for preventing such use of the collective mark which does not comply with the conditions provided for by the regulation on the use of the collective mark;
(2) the manner of use of the collective mark by the rightholder thereof may mislead the consumer within the meaning of part 2 of Article 34 of this Law;
(3) amendments to the regulation on the use of the collective mark have been entered into the state register in violation of part 2 of article 35 of this Law, except where the rightholder of the collective mark has eliminated the incompliance through the new amendment to the regulation on the use of the collective mark.
(Article 37 amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 38. |
Grounds for invalidity of registration of a collective mark |
In addition to the grounds for invalidity of trademarks provided for by this Law, registration of a collective mark may be declared as invalid upon a civil judgment of the court rendered as a result of consideration of a claim filed in a case on protection of rights, where it does not comply with the requirements prescribed by Article 34 of this Law, except where the rightholder of the collective mark has eliminated the incompliance through the new amendment to the regulation on the use of the collective mark.
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Article 39. |
Certification marks |
1. Certification marks may be registered with the state authorised body by the accredited certification bodies which carry out certification of compliance of goods and/or services as prescribed by law. Certification marks may not be registered in the name of legal persons producing, importing, selling goods or providing services.
2. Taking into account the provisions of this Article, the provisions of this Law relating to trademarks shall equally apply to certification marks.
3. The applicant, in addition to the documents required by Article 40 of this Law, shall submit the following concurrently with submitting an application for registration of a certification mark:
(1) regulation on the use of the certification mark;
(2) permit or document confirming the competence of the applicant to carry out certification activities or, in relevant cases, that the certification mark is registered in the country of origin.
4. The regulation on the use of a certification mark shall determine the persons that have the right to use the certification mark, elements and characteristics which must be attested by the certification mark, the procedure for conducting the verification of those characteristics by the certification body and exercise of supervision over the use of the certification mark, sanctions envisaged for violating the regulation, fees prescribed for the use of the certification mark, and procedures for resolving disagreements.
5. The use of a certification mark shall be permitted to any person that offers goods or provides services which comply with the characteristics defined by the provisions of the regulation on the use of the certification mark and the requirements thereof.
6. The rightholder of a certification mark shall authorise the use of the certification mark for the goods or services which comply with the characteristics defined by the provisions of the regulation on the use of the certification mark.
7. Where a person having the right to use a certification mark fails to fulfil the provisions of the regulation on the use of the certification mark, the rightholder thereof shall have the right to recall the authorisation of the given person to use the certification mark or impose other sanctions defined by the regulation thereon.
8. In addition to the grounds for rejecting the registration of a trademark, registration of a certification mark may also be rejected where the mark does not comply with the provisions of parts 1 and 3 of this Article, as well as the norms of the legislation on certification.
9. A certification mark may not be an object of a contract on transfer, pledge, as well as compulsory enforcement measures. In case of liquidation of the legal person that is the rightholder of the certification mark, that mark may be transferred to another legal person as prescribed by law.
10. In addition to the grounds for invalidity of trademarks provided for by this Law, registration of a certification mark may be declared as invalid based on a civil judgment of the court rendered as a result of consideration of a claim filed by any person, where it does not comply with the conditions prescribed by parts 1-9 of this Article.
11. Where the protection of a certification mark has terminated, it shall not be subject to registration or use for other purposes within ten years after that date.
12. The state authorised body shall publish the regulation on the use of a certification mark in the official journal “Industrial Property” concurrently with the information on the registration of the certification mark.
CHAPTER 8
REGISTRATION OF A TRADEMARK
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Article 40. |
Application for a trademark |
1. An application for a trademark shall be submitted to the state authorised body in writing or via electronic system. The application shall be submitted by the applicant directly thereby or through the representative thereof based on the letter of authorisation issued thereto.
1.1. The letter of authorisation of the representative shall be submitted to the state authorised body when submitting the application or within two months after submitting it. The actions performed by the representative prior to submitting the letter of authorisation, shall be considered as not performed and shall not be taken into account, except for the actions of submitting the application and the documents attached thereto to the state authorised body and those of paying the state duty. In case of failure to submit a letter of authorisation within the mentioned time limit, the state authorised body shall send a notification to the representative with a recommendation to submit a letter of authorisation within a period of two months following the date of receipt thereof. In case of failure to submit a letter of authorisation within the mentioned time limit, the processing shall be conducted directly with the applicant taking into account the requirements prescribed by part 2 of this Article.
2. Natural persons that do not have a permanent place of residence in the territory of the Republic of Armenia and legal persons that do not have a commercial or industrial establishment operating in the territory of the Republic of Armenia shall submit the application and maintain cases provided for by the procedure for consideration thereof within the state authorised body through a trademark attorney or another representative record-registered and permanently residing or having a place of business in the Republic of Armenia, unless otherwise provided for by international treaties of the Republic of Armenia. Requirements prescribed by the legislation of the Republic of Armenia for patent attorneys shall apply mutatis mutandis to trademark attorneys.
2.1. In the cases provided for by part 2 of this Article and in case of failure to submit a letter of authorisation of the patent attorney or another representative within the time limit prescribed by part 1.1 of this Article, the state authorised body shall send a notification to the patent attorney or another representative with a recommendation to submit a letter of authorisation, within a period of two months following the date of receipt thereof. In case of failure to submit a letter of authorisation within the mentioned time limit, the application shall be deemed as recalled, where the applicant shall be notified thereof.
3. The application must relate to one trademark.
4. The application shall be submitted in Armenian. Documents attached to the application may be submitted in another language. In that case, applicants of the Republic of Armenia shall be obliged to submit the Armenian translations thereof along with the application, whereas foreign applicants — within a period of two months after the day of submitting the application.
5. The form of, procedure for filling in, submitting and considering the application (including via electronic system) shall be established by the Government.
6. The following shall be attached to the application:
(1) receipt of the payment of the state duty prescribed by law for submitting an application and conducting expert examination;
(2) the documents (letter of authorisation) confirming the competences of the representative of the applicant, where the application has been submitted through a representative;
(3) an application on claiming priority (in a relevant case);
(4) a permit issued by the competent body, in cases provided for by points 8 and 9 of part 1 of Article 9 of this Law (in a relevant case);
(5) consent, in cases provided for by points 6-8 of part 1 of Article 10 of this Law (in relevant cases);
(6) regulation on the collective mark (in the relevant case);
(7) regulation on the use of the certification mark (in the relevant case);
(8) the statement of information on the number of employees as of the day of paying the state duty, where the state duty has been paid at a discount — pursuant to Article 28 of the Law of the Republic of Armenia “On state duty”.
7. The application must contain:
(1) information identifying the applicant and the representative thereof (in case of availability of a representative);
(2) a clear image (reproduction, including in the form of musical notation in case of an audio trademark) of the mark claimed;
(3) the list of goods and/or services for which the registration of the trademark is claimed for, which are grouped according to the Nice Classification in effect on the date of submitting the application, according to increasing class numbers;
(4) a note to the effect that the claimed sign is three-dimensional (in the relevant case);
(5) a note to the effect that the claimed sign is holographic (in the relevant case);
(6) a note to the effect that the claimed sign is audio (in the relevant case);
(7) a note to the effect that the colour combination is the distinguishing feature of the trademark (in the relevant case);
(8) a note on the elements of the claimed sign which are deemed to be non-protected (in the relevant case);
(9) transliteration of the sign or word elements thereof and the Armenian translation thereof (in the relevant case);
(10) a note to the effect that the claimed sign is a collective mark (in the relevant case);
(11) a note to the effect that the claimed sign is a certification mark (in the relevant case);
(12) a note on the priority date claimed and the grounds therefor (in the relevant case).
8. Registration of a trademark by one application may be claimed for one or more classes of goods and/or services. Additional state duty prescribed by law shall be paid for each class of more than one goods and/or services.
(Article 40 supplemented by HՕ-155-N of 28 September 2016, amended and supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 41. |
Date of filing the application |
1. The date of submitting the application shall be prescribed by the date on which the following have been submitted to the state authorised body:
(1) a note from which it is obviously or presumably clear that the registration of the trademark is claimed;
(2) a note which gives the opportunity to identify the applicant;
(3) notes which give the state authorised body the opportunity to contact the applicant or the representative thereof (in case of availability of a representative);
(4) a sufficiently clear image (reproduction) of the sign submitted for registration;
(5) the list of goods and/or services for which the registration of the trademark is claimed for;
(6) receipt of payment of the state duty prescribed by law.
2. Where the documents submitted do not comply with the requirements of part 1 of this Article, the state authorised body shall notify the applicant thereon in writing within four working days after the day of receiving them, by recommending to fulfil those requirements within a period of two months.
3. Where the documents submitted do not comply with the requirements of part 1 of this Article and the requirements of the state authorised body have not been fulfilled within the time limit prescribed by part 2 of this Article, no date of submission of the application shall be prescribed, the application shall be deemed to be not submitted, and the submitted documents shall be returned to the applicant.
4. Where the documents submitted do not comply with the requirements of part 1 of this Article but the requirements of the state authorised body have been fulfilled within the time limit prescribed by part 2 of this Article, the date of submission of the application shall be prescribed the date of receipt of the last one of the elements and notes provided for by part 1 of this Article.
(Article 41 amended by HՕ-155-N of 28 September 2016)
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Article 42. |
Priority of a trademark and right to priority |
1. The priority of a trademark shall be prescribed as of the date of submitting the application to the state authorised body.
2. Where a person or the legal successor thereof has submitted an application for a trademark as prescribed in one of the states party to the Paris Convention or Member States of the World Trade Organization (first applications), the applicant shall — when submitting an application to the state authorised body for the same goods and/or services or a part thereof within six months after the date of submission of the first application — enjoy the right to prescribe priority (international priority) of the trademark as of the date of submission of the first application.
3. Where a person or the legal successor thereof has exhibited goods and/or services under any trademark at an international exhibition held in one of the states party to the Paris Convention or Member States of the World Trade Organization (first exhibition), he or she shall — when submitting an application to the state authorised body for the same goods and/or services or a part thereof within six months after that — enjoy the right to prescribe priority (exhibition priority) of the trademark as of the date of the first exhibition.
An exhibition shall be deemed to be international, where it has been organised officially and producers, service providers from several countries have participated therein, as well as the information on that exhibition has become available to the public in the relevant form.
4. Pursuant to the provisions of parts 2 and 3 of this Article, an applicant wishing to enjoy the priority right shall submit to the state authorised body the carbon copy of the first application, respectively, which is certified by the body to which the first application had been submitted, and the Armenian translation thereof or the certificate issued by the organiser of the international exhibition where the goods and/or services had been exhibited under that trademark for the first time. An applicant wishing to enjoy the priority right shall be obliged to submit an application thereon along with the application or within two months after the date of submission of the application, and submit the indicated documents within three months after the date of submission of the application, by paying the state duty prescribed by law.
5. Where the state authorised body considers that the requirements of part 4 of this Article are not complied with, the application for enjoying the priority right prescribed by parts 2 or 3 of this Article shall be deemed to be not submitted.
CHAPTER 9
PROCESS OF REGISTRATION OF A TRADEMARK
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Article 43. |
Preliminary expert examination of the application |
1. Pursuant to Article 41 of this Law, within 10 working days after defining the date of submission of the application, the state authorised body shall:
(1) register the application by issuing a reference number thereto, and enter the information in the database of applications for trademarks;
(2) conduct a preliminary expert examination of the application as prescribed by the Government, during which it shall verify the compliance of the documents of the application and the conditions for submission thereof with the requirements prescribed by Article 40 of this Law.
2. Where it is established as a result of the preliminary expert examination that the application does not comply with the requirements prescribed by Article 40 of this Law, the state authorised body shall notify the applicant on the need to eliminate the incompliances of the documents within a period of two months, as well as on the application number and date of submission thereof.
3. Where it is established as a result of the preliminary expert examination that the applications complies with the requirements prescribed by Article 40 of this Law or all incompliances indicated in the notification have been eliminated within the time limit prescribed by part 2 of this Article, the state authorised body shall render a decision on publishing the application and conducting an expert examination as to the substance. The state authorised body shall notify the applicant of the indicated decision by also informing about the application number and the date of submission thereof.
4. Pursuant to the notification provided for by part 2 of this Article, in case of failure to eliminate the incompliances within the time limit prescribed, the state authorised body shall render a decision on deeming the application as recalled and notify the applicant thereof.
5. In case of failure to meet the provisions on enjoying the priority right provided for by Article 42 of this Law, the applicant shall be deprived of the right to claim priority upon the given application.
6. The applicant or the representative thereof may recall the application or limit the list of the services and/or goods included therein at any stage of consideration of the application.
7. The applicant may — at any stage of consideration of the application, on condition of paying the state duty prescribed by law — submit an application on making amendment to the application, which are conditioned by the need to adjust the name, surname (title) and/or location of the applicant, clarify the formulations or eliminate the misprints, provided that they do not essentially change the image of the claimed trademark and do not expand the list of the goods and/or services indicated in the application. Amendments recommended upon the application shall not be taken into account by the state authorised body, where they essentially change the image of the claimed trademark or expand the list of the goods and/or services indicated in the.
8. The goods or services may not be deemed to be similar upon the ground that they are included in the same class in any registration or publication of the state authorised body or the Nice Classification.
9. The goods or services may not be deemed to be non-similar upon the ground that they are included in different classes in any registration or publication of the state authorised body or the Nice Classification.
(Article 43 amended by HՕ-155-N of 28 September 2016, HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 44. |
Publication of application, and remarks and objections of third persons |
1. In compliance with part 3 of Article 43 of this Law, based on the decision on publishing the accepted application and conducting an expert examination as to the substance, the state authorised body shall — within 15 working days from the day it was rendered — publish the application in the official journal “Industrial Property” where it shall place the application number and date of submission, name, surname or title and location of the applicant, the image of the claimed trademark and the list of the goods and/or services for which the registration of the trademark is claimed.
2. Any person may submit a written remark against the claimed trademark to the state authorised body within a period of two months after the date of publication of the application to the effect that the registration thereof shall be subject to rejection upon the grounds prescribed by Article 9 of this Law.
3. Pursuant to part 2 of this Article, the state authorised body shall notify the applicant in writing of the received remark after receiving it with a recommendation to submit the considerations thereof within a period of one month after the day of receiving the indicated notice. In case no considerations are submitted by the applicant within the indicated time limit, the remark shall be considered based on the materials available.
4. The rightholder of an earlier trademark or a generally known trademark, as well as holders of rights having arisen earlier over a geographical indication or appellation of origin protected in the Republic of Armenia, a protected industrial design, name or surname, pseudonym, image, rightholders of copyright having arisen earlier over protected literary, scientific or artistic works, and any other interested person may — within a period of two months after the date of publication of the application — submit a written objection to the registration of the claimed trademark to the state authorised body to the effect that the registration thereof shall be subject to rejection upon the grounds prescribed by Article 10 of this Law.
5. The objection shall be deemed to be submitted, where the receipt of payment of the state duty prescribed by law is attached thereto.
6. The state authorised body shall — within three working days after the day of receiving the objection — verify it and, in case of compliance thereof with the conditions for submission prescribed by part 4 of this Article, notify the applicant of the objection with a recommendation to submit the considerations thereof within a period of one month after the day of receiving the indicated notice. In case no considerations are submitted by the applicant with the indicated time limit, the further consideration of the objection shall be carried out based on the materials available.
7. An objection not complying with the conditions prescribed by part 4 of this Article shall be deemed to be not submitted, and the state authorised body shall notify in writing the person submitting it thereof after the day of receiving it.
(Article 44 amended by HO-155-N of 28 September 2016, HO-113-N of 3 March 2021)
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Article 45. |
Expert examination of application as to substance |
1. The state authorised body shall — within a period of three months from the day of publication of the application — conduct an expert examination as to the substance as prescribed by the Government to verify the compliance of the claimed trademark with the conditions for protection prescribed by this Law.
2. The course of the indicated time limit shall be suspended with respect to the receipt of the remark or objection complying with parts 2 and 4 of Article 44 of this Law on the given application, for the time limits indicated in parts 3 and 6 of the same Article. Moreover, in case of receiving more than one remark and/or objection on the same applications, the beginning of suspension of the indicated time limit shall be deemed to be the date of forwarding the first one of them, and the end — the expiry of the time limit indicated in parts 3 or 6 of Article 44 of this Law with respect to the receipt of the last one of them.
3. Pursuant to part 1 of this Article, the state authorised body shall verify:
(1) the existence of the absolute grounds for rejection, provided for by Article 9 of this Law;
(2) the existence of the relative grounds for rejection, provided for by Article 10 of this Law (based on the information under the disposal thereof);
(3) remarks and objections received in compliance with parts 2 and 4 of Article 44 of this Law.
4. The state authorised body shall conduct the expert examination and render a decision on the registration of the claimed trademark based on the findings of the verification conducted pursuant to part 3 of this Article, taking into account the decision indicated in part 4 of Article 46 of this Law (where it is available). The state authorised body shall notify in writing the applicant or the representative thereof (in case of availability of a representative) of the decision rendered as a result of the expert examination, as well as, pursuant to Article 46 of this Law, the person having submitted a remark or objection.
5. Where it is established as a result of the expert examination that:
(1) the claimed trademark is not subject to registration in respect of all goods and/or services indicated in the application upon the absolute and/or relative grounds for rejection prescribed by Articles 9 and/or 10 of this Law, the state authorised body shall render a decision on rejecting the registration of the claimed trademark;
(2) the claimed trademark is not subject to registration in respect of all goods and/or services indicated in the application or a part thereof upon the absolute and/or relative grounds for rejection prescribed by Articles 9 and/or 10 of this Law, the state authorised body shall render a decision on rejecting the registration of the claimed trademark for the remaining goods and/or services indicated in the application (partial registration);
(3) the registration of the claimed trademark is not subject to rejection for the goods and/or services indicated in the application due to the absence of the absolute and/or relative grounds for rejection prescribed by Articles 9 and 10 of this Law, the state authorised body shall render a decision on registering the claimed trademark in respect of all goods and/or services indicated in the application.
5.1. Where during the expert examination it is established that trademarks, that are identical or have likelihood of misleading consumers, have the same date of priority, the state authorised body shall notify the applicants thereof. The applicants may, within a period of three months following the date of receipt of the notification, submit to the state authorised body their position or an agreement regulating the relations between the applicants related to the claimed trademarks and preventing the risk of misleading the consumers.
5.2. Pursuant to part 5.1 of this Article, the positions and/or agreement submitted by the applicants within the time limit prescribed shall be considered, on the merits, by the state authorised body in accordance with the requirements prescribed by the procedure for conducting the expert examination of trademark provided for by this Article.
6. Decisions of the state authorised body or rejecting the registration of a trademark must be substantiated. The reasons and grounds must be indicated in decisions rendered in compliance with points 1 and 2 of part 5 of this Article.
7. Where the claimed trademark contains elements which may not be registered separately as a trademark upon the grounds prescribed by Article 9 of this Law and inclusion thereof in the trademark may influence on the validity of registration of the trademark, and the applicant has failed to state about waiver to grant an individual protection thereto, the state authorised body shall notify the applicant by recommending to submit — within a period of two months after the day of receiving the notification — a statement on waiving the claim for the exclusive right over those elements.
8. Where, within the time limit prescribed pursuant to part 7 of this Article, the applicant fails to submit a statement on waiving the indicated elements:
(1) the state authorised body shall consider that the applicant agrees with the grounds submitted and, in case of absence of other grounds for rejection, shall render a decision on registering the trademark for all goods and/or services indicated in the application, by making a note on waiving to grant independent protection to the indicated elements, or
(2) the state authorised body shall consider that the applicant agrees with the grounds submitted, and the claimed trademark is not subject to registration for a part of the goods and/or services indicated in the application, and in case of the absence of other grounds for rejection for the other part of the goods and/or services, shall render a decision on registering the trademark for all goods and/or services indicated in the application, by making a note on waiving to grant independent protection to the indicated elements.
8.1. Where, pursuant to part 7 of this Article, the applicant submits a statement only with respect to a part of the indicated elements, or submits a statement with respect to a part of the indicated elements and submits an objection with respect to the other part thereof that is unacceptable for the state authorised body, or submits an objection with respect to all indicated elements or a part thereof that is unacceptable for the state authorised body, the state authorised body shall, in case of absence of other grounds for rejection, render a decision on partial registration of the trademark, by making a note on waiving to grant independent protection to the indicated elements.
9. Where, within the time limit prescribed pursuant to part 7 of this Article, the applicant:
(1) submits a statement with respect to all indicated elements; or
(2) submits a statement with respect to a part of the indicated elements and submits an objection with respect to the other part thereof that is acceptable for the state authorised body; or
(3) submits an objection with respect to all indicated elements that is acceptable for the state authorised body, the state authorised body shall make a note in the decision on registration or partial registration of the trademark on waiver to grant protection for only the individual elements with respect to which a statement has been submitted, by including that note in the official information published on the registration of the trademark. With regard to the elements with respect to which an objection acceptable for the state authorised body has been submitted, no record shall be made in the decision on registration or partial registration of the trademark, and they gain protection by virtue of the fact of registration of the trademark.
10. The applicant or the representative thereof shall — within a period of two months after the day of receiving the decision on rejecting the registration of the trademark or partial registration thereof — may submit an application to the state authorised body for conducting a repeat expert examination by bringing substantiated arguments.
11. The state authorised body shall — within a period of two months from the day of receiving the application for conducting a repeat expert examination — consider the arguments submitted and render a decision on revoking the previous decision and register the trademark in respect of all goods and/or services indicated in the application or a part thereof or leaving the decision on rejecting the registration of the trademark or partial registration thereof in force.
12. The state authorised body shall notify the applicant or the representative thereof (in case of availability of a representative) of the decision rendered as a result of the repeat expert examination.
12.1. The administrative proceedings of expert examination and repeated expert examination, on the merits, of the application may be suspended upon an application submitted by the applicant, where an application or statement of claim on challenging the rights over another object of intellectual property, which serves as a ground for rejection, was submitted to relevant competent state or judicial body until the final decision or judicial act on the given administrative proceedings or court case enters into legal force. The consideration of the application shall be resumed upon elimination of the grounds for the suspension thereof.
13. Registration of a trademark may not be rejected without providing the applicant with the opportunity to recall the application or make amendments thereto or submit arguments in favour of registration of the trademark, where the state authorised body shall notify the applicant thereof. The applicant may, within a period of two months following the date of receipt of the notification, recall the application or make amendments thereto or submit arguments in favour of registration of the trademark. The state authorised body shall consider the reply to the notification within a period of two months following the receipt thereof. In case of receiving no reply to the notification or receiving no reply within the time limit defined, state authorised body shall render a decision on rejecting the registration of a trademark or on partial registration thereof.
(Article 45 edited by HO-184-N of 26 May 2011, amended by HՕ-155-N of 28 September 2016, supplemented, amended and edited by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 46. |
Consideration of remarks and objections |
1. Pursuant to parts 3 and 6 of Article 44 of this Law, the state authorised body shall discuss as to the substance the considerations submitted by the applicant on a remark and objection within the time limit prescribed in compliance with the requirements prescribed through the procedure for conducting expert examination of a trademark provided for by Article 45 of this Law.
2. In case the applicant submits a grounded application, the consideration of the remark shall be suspended until the expiry of the time limit indicated in the application.
3. Consideration of an objection shall be suspended in the following cases and for the following time limits:
(1) an application for registration of a trademark or industrial design with an earlier priority has been opposed — until rendering a final decision thereon;
(2) the earlier trademark of industrial design put at the basis of the objection is in the process of declaring the registration as invalid or revoking it — until rendering a final decision in the given case;
(3) one of the parties has submitted a substantiated application — until the expiry of the time limit indicated therein.
Consideration of an objection shall resumed upon the elimination of the grounds for suspension thereof.
4. The state authorised body shall render one of the following decisions respectively as a result of consideration of a remark and objection:
(1) on granting the remark or objection fully or partially and rejecting the registration of the trademark in respect of all goods and/or services indicated in the application or a part thereof;
(2) on rejecting the remark of objection.
5. Decisions indicated in part 4 of this Article shall be taken into account for rendering a decision on expert examination of the trademark pursuant to Article 45 of this Law, whereon the person having submitted a remark or objection shall be notified as well. In case of not agreeing with the indicated decision, the person having submitted a remark or objection may challenge the registration of the given trademark as prescribed by Articles 22 or 23 of this Law.
(Article 46 amended by HO-155-N of 28 September 2016, HO-113-N of 3 March 2021)
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Article 47. |
Appealing a decision on rejecting the registration of a trademark or on partial registration thereof |
1. In case of disagreeing with the decision on rejecting the registration of a trademark or on repeat expert examination on partial registration thereof, the applicant or the representative thereof may file an appeal with the Appeals Board within a period of three months after the day of receiving the decision.
2. The appeal shall be deemed to be filed in case of submitting the receipt of payment of the state duty prescribed by law.
3. The Appeals Board shall, as a result of considering the appeal, render a decision:
(1) on granting the appeal in full or partially and registering the trademark in respect of all goods and/or services claimed or a part thereof, or
(2) on rejecting the appeal and leave the decision on rejecting the registration of the trademark or on repeat expert examination on partial registration in force, or
(3) on further processing of the application of trademark.
4. The decision of the Appeals Board shall enter into force from the date of adoption thereof. The decision of the Appeals Board shall be forwarded or handed over to the appellant within seven working days.
5. The applicant or the representative thereof may challenge the decision of the Appeals Board through judicial procedure within a period of two months after the day of receiving it.
6. The administrative proceedings for consideration of the appeal against the decision on rejection or partial registration of the trademark in the Appeal Board may be suspended based on the application submitted by the applicant, where an application or statement of claim on challenging the rights over another object of intellectual property, which serves as a ground for rejection, was submitted to relevant competent state or judicial body until the final decision or judicial act on the given administrative proceedings or court case enters into legal force. The consideration of the appeal shall resume upon elimination of the grounds for the suspension thereof.
(Article 47 amended by HՕ-155-N of 28 September 2016, amended, supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 48. |
Registration of a trademark |
1. Pursuant to parts 5 and 11 of Article 45, as well as part 3 of Article 47 of this Law, in case of rendering a decision on registering a trademark in respect of all goods and/or services indicated in the application or a part thereof, the state authorised body shall notify the applicant or the representative thereof about the need to pay the state duty prescribed by law for the registration of a trademark and submitting the payment receipt within a period of three months after the day of receiving the notice.
2. In case of nor receiving the receipt of payment of the state duty prescribed by law within the indicated time limit or within a later time limit provided for by law, the state authorised body shall deem the application to be recalled, whereon it shall notify the applicant or the representative thereof.
3. The state authorised body shall register the trademark under a reference number in the state register within 10 working days after the day of receiving the receipt of payment of the state duty prescribed by law. The image of the trademark, information on the rightholder thereof, the dates of priority and registration of the trademark, the list of the goods and/or services for which the trademark is being registered, and other information prescribed pursuant to part 2 of Article 50 of this Law shall be entered in the state register.
4. The state authorised body shall publish the information on the trademark in the official journal “Industrial Property” within a period of one month after the day of registering the trademark in the state register.
(Article 48 amended by HՕ-155-N of 28 September 2016)
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Article 49. |
Registering certificate of a trademark |
1. Pursuant to part 4 of Article 48 of this Law, the state authorised body shall hand over (send via post if needed) the registration certificate of the trademark to the rightholder of the trademark or the representative thereof within five working days after the publication of the information. The form of the registration certificate and list of information shall be prescribed by the Government.
2. The registration certificate of the trademark shall be a legal document which confirms the fact of registration of the trademark in the state register and the exclusive right of the rightholder thereof over the trademark for the goods and/or services indicated in the certificate.
3. In case the registration certificate of the trademark is lost or has become unfit for use, in order to obtain the duplicate thereof, the rightholder of the trademark may submit an application to the state authorised body by attaching the receipt of payment of the state duty prescribed by law. The state authorised body shall issue the duplicate of the certificate within five working days.
4. In case the trademark is registered in the name of more than one person, the disposal, possession and use of the exclusive right to the trademark shall be regulated by a contract concluded between those persons. In case of absence of a contract, disputes arisen shall be resolved through judicial procedure.
5. In case the registration of the trademark is revoked or declared as invalid by the court, the registration certificate of the trademark shall be repealed.
(Article 49 amended by HՕ-155-N of 28 September 2016)
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Article 50. |
State register |
1. The state register where the information provided for by this Law and the Government are entered shall be maintained by the state authorised body. Information on any note made in the state register and further change thereof shall be published in the official journal “Industrial Property”.
2. The list of data included in the state register and the procedure for maintaining the register shall be prescribed by the Government.
3. Any person shall have the right to use the data of the state register, the accessibility whereof shall be ensured by the state authorised body.
4. Pursuant to the application of any person, the state authorised body shall provide excerpts from the state register as prescribed by law on condition of paying the state duty prescribed by law.
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Article 51. |
Division (separation) of an application or registration of a trademark |
1. Any application which is submitted for two or more goods and/or services, may be divided into two or more applications (hereinafter referred to as “the separated applications”) based on the application of the applicant, by distributing the goods and/or services listed in the initial application between those applications. Such an application may be submitted to the state authorised body:
(1) before the adoption of a decision on registration of the trademark or rejection of registration for all goods and/or services indicated in the application or part thereof by the state authorised body — at any stage of consideration of the application;
(2) at any stage of consideration of appeals against the decision on rejecting the registration of the trademark for all goods and/or services indicated in the application or a part thereof.
2. Any registration of a trademark, which has been carried out for two or more goods and/or services, may be divided into two or more registrations (hereinafter referred to as “the separated registrations”), by distributing the goods and/or services listed in the preliminary registration between those registrations. Such separation shall be permitted:
(1) during any process implemented in the state authorised body, which is related to the consideration of appeals filed by third persons against the registration of the trademark;
(2) during any process which is related to appealing a decision rendered by the state authorised body through the previous procedure.
3. Separated applications and separated registrations shall retain the date of registration and in case of priority claimed — the date of priority of the initial application or trademark, where available.
4. The receipt of payment of the state duty prescribed by law, and where the state duty has been paid at a discount pursuant to Article 28 of the Law of the Republic of Armenia “On state duty” — also the statement of information on the number of employees as of the date of payment of the state duty shall also be submitted along with the application on separation of the application or trademark.
5. The application or registration of a trademark shall be deemed to be separated from the date of making a relevant record in the database of applications or the state register.
6. The state authorised body shall publish the information on separated registrations in the official journal “Industrial property”.
7. The form and procedure for submission of the application on separation of an application or a trademark shall be prescribed by the Government.
8. Pursuant to this Article, in case the accuracy of any note or instruction of the application filed gives rise to doubts, the state authorised body may request relevant proof.
9. The application may not be rejected without providing the applicant with the opportunity to submit arguments in favour of separation of the application or the trademark.
(Article 51 supplemented by HՕ-155-N of 28 September 2016, amended by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 52. |
Making changes in the application or the state register |
1. The applicant or the rightholder of a trademark shall inform the state authorised body on:
(1) the change of the name, surname or name or location (address) thereof;
(2) the change of the representative thereof and/or of the location (address) of the representative;
(3) the change in separate non-essential elements of a claimed or registered trademark, where in the opinion of the state authorised body they would not affect the distinguishing feature of the trademark;
(4) reduction of the list of goods and/or services;
(5) change of the applicant or the rightholder of the trademark;
(6) correcting technical misprints.
2. The receipt of payment of the state duty prescribed by law, and where the state duty has been paid at a discount pursuant to Article 28 of the Law of the Republic of Armenia “On state duty” — also the statement of information on the number of employees as of the date of payment of the state duty shall be to the state authorised body attached to the application on making a change in the application or the state register. The provision provided for by this part shall not apply to the change of the representative of the applicant provided for by point 2 of part 1 of this Article.
2.1. A change of representative shall not be deemed to be an appointment of other representatives (representative) upon the letter of authorisation issued by the applicant or the rightholder to carry out separate actions related to consideration or registration of the application.
3. The form and procedure for submission of the application on making a change in the application or the state register shall be prescribed by the Government.
4. The state authorised body shall consider the application on making a change in the application or the state register within five working days after the day of receiving it and make a record in the database of applications or the state register in case it complies with the requirements of parts 1-3 of this Article.
5. Changes made in the state register shall enter into force from the date of making a record therein, and the state authorised body shall publish them in the official journal “Industrial Property”.
6. The application may not be rejected without providing the applicant with the opportunity to submit arguments in favour of making changes in the application or the state register.
7. The state authorised body shall correct its errors and make relevant records in the database of applications and the state register upon its own initiative or based on the application, without charging state duty.
8. Where pursuant to this Article, the submitted application gives rise to substantiated doubts as to whether the error is real or the change being made, the state authorised body may request relevant proofs.
9. In case of failure to inform the state authorised body of the changes provided for by points 1, 4 and 5 of part 1 of this Article, in the course of consideration of subsequently submitted requests or applications, a person submitting a request or an applicant shall be notified of the necessity of making such changes to relevant state register with regard to the registration of trademarks related to the submitted request or application. Within a period of two months following the date of receipt of the notification, it shall be necessary to submit an application to make relevant changes. In case of failure to submit an application within the time limit prescribed, the registration of trademark shall be rejected, or the applications shall be deemed as recalled.
(Article 52 supplemented, amended by HՕ-155-N of 28 September 2016, supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 53. |
Removing a trademark from the state register |
1. A trademark shall be removed from the state register, where:
(1) the registration of the trademark has been revoked or declared as invalid upon a civil judgment of the court;
(2) pursuant to Article 19 of this Law, the validity period of the registration of the trademark has not been extended;
(3) the rightholder of the trademark has applied for removing the trademark from the state register;
(4) the rightholder of the trademark has been liquidated.
2. The state authorised body shall remove the trademark from the state register, where it has received:
(1) the civil judgment of the court, having entered into legal force, on revoking the registration of the trademark or declaring it as invalid;
(2) the written application of the rightholder of the trademark on removing the trademark from the state register;
(3) the statement of information issued by the competent body to the effect that the rightholder of the trademark has been liquidated.
3. Pursuant to Article 19 of this Law, in case the validity period of the registration of the trademark has not been extended, the trademark shall be removed from the state register upon the initiative of the state authorised body.
4. Information on removing a trademark from the state register shall be published in the official journal “Industrial Property”.
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Article 54. |
Restoration of rights |
1. The rightholder, applicant of a trademark or any party to any process in the state authorised body, which, despite the bona fide measures undertaken, was not able to observe the time limits of implementation of the process in the state authorised body, may submit an application on restoration of the rights thereof, where the missing of the time limits leads to the direct loss of any right or opportunity to appeal pursuant to this Law.
2. The application or restoration of rights shall be submitted to the state authorised body in writing, within a period of two months after the date of termination of circumstances leading to missing the time limits, during which the non-performed action shall also be carried out. The application or restoration of rights may be submitted no later than within one year after the day of expiry of the missed time limit.
3. The application or restoration of rights must be substantiated and contain facts and proofs which would justify the failure to observe the time limits. The application shall be deemed to be submitted in case of submitting the receipt of payment of the state duty prescribed by law.
4. The provisions of this Article shall not apply to the time limits which are prescribed by parts 2 and 4 of Article 44, Article 63 of this Law, as well as part 2 of this Article.
5. Restoration of rights shall not be permitted, where another application for registration of the trademark has been submitted in the period between the date of termination of the right to the application or trademark and the date of submitting an application for restoration of the right, which may be opposed pursuant to this Law.
6. The rightholder of a trademark with restored rights may not submit requests to third persons who have bona fide marketed goods or provided services with a mark identical or similar to a misleading degree to the trademark from the date of termination of the right to the trademark until the official publication of information on restoration of rights.
7. The third person indicated in part 6 of this Article may appeal — within two months after the date of publication of the information on restoration of rights — the decision on restoration of the rights of the rightholder of the trademark to the Appeals Board, on condition of paying the state duty prescribed by law.
8. The application of the third person indicated in part 6 of this Article may not be rejected without providing the applicant with the opportunity t submit arguments in favour of restoration of the rights.
9. Pursuant to this Article, in case the accuracy of any note or proof of the application filed gives rise to doubts, the state authorised body may request relevant proof.
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Article 55. |
Extension of time limits and restoration of missed time limits |
1. The rightholder or applicant of a trademark or any party to a process in the state authorised body may:
(1) submit an application to the state authorised body prior to the expiry of the time limit prescribed for extending the time limit prescribed by this Law and/or envisaged for performing an action deriving therefrom;
(2) in case of failure to observe the time limit envisaged for performing any action, submit — within two months after the date of the time limit prescribed — an application to the state authorised body on restoring the missed time limit and continuing the process, on condition of performing the non-performed action within a period of two months.
2. The time limit for extending the time limit provided for by point 1 of part 1 of this Article must not exceed six months after the date of expiry of the time limit prescribed.
3. The application for performing the actions provided for by part 1 of this Article shall be deemed to be extended only in case of submitting the receipt of payment of the state duty prescribed by law.
4. The provisions of this Article shall not apply to the time limits which are prescribed by part 1 of this Article, as well as part 4 of Article 19, part 2 of Article 41, parts 2-4 of Article 42, part 2 of Article 43, part 13 of Article 45, part 5 of Article 47, parts 2 and 44 of Article 44, part 5 of Article 46, Article 62 and point 1 of part 2 of Article 65 of this Law.
5. The application may not be rejected without providing the applicant with the opportunity to submit arguments in favour of extending the time limit or restoring the missed time limit.
(Article 55 supplemented by HO-143-N of 13 April 2023)
(Law HO-143-N of 13 April 2023 contains a transitional provision)
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Article 56. |
Registration of a trademark in foreign states |
1. Persons that are residents of the Republic of Armenia shall have the right to register a trademark in foreign states or carry out international registration thereof.
CHAPTER 10
INTERNATIONAL REGISTRATION OF TRADEMARKS
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Article 57. |
Main provisions |
1. The provisions of this Article shall apply mutatis mutandis to international registrations carried out according to the Madrid Agreement or the Protocol Relating to the Madrid Agreement, the country of origin whereof is deemed to be the Republic of Armenia or the effect whereof expands in the Republic of Armenia, unless otherwise provided for by international treaties.
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Article 58. |
International application |
1. An international application for a trademark registered in the state register of trademarks, in compliance with Article 3 of the Madrid Agreement, or, where relevant, an international application for a trademark entered into the database of trademarks or registered in the state register of trademarks, incompliance with Article 3 of the Protocol Relating to the Madrid Agreement, the country of origin whereof is the Republic of Armenia, shall be submitted to the International Bureau through the state authorised body.
2. The international application indicated in part 1 of this Article may be submitted by any person that has an industrial or commercial establishment operating in the territory of the Republic of Armenia or, in case of absence thereof, a place of residence in the Republic of Armenia or, in case of absence thereof, is a citizen of the Republic of Armenia or comes from the Republic of Armenia by origin.
3. The date of submission of the international application based on a registered trademark shall be the date of registering the trademark in the state register, where the international application has been submitted to the state authorised body before the date of registration of the trademark.
4. The international application must be drawn up in compliance with the General Directive and contain special notes on the countries for which protection deriving from the international registration or expansion of the territory of protection is claimed.
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Article 59. |
Fees for international registration |
1. State duties prescribed by law and fees provided for by the Madrid Agreement and/or the Protocol Relating to the Madrid Agreement shall be paid for submitting an international application. State duties prescribed by law shall be transferred by the applicant to the State Budget, and the fees provided for by the Madrid Agreement and the Protocol Relating to the Madrid Agreement — to the International Bureau.
2. In case of failure to pay the state duties and fees indicated in part 1 of this Article, the application shall be deemed to be not submitted.
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Article 60. |
Process of verification of the international application in the state authorised body |
1. The state authorised body shall — within twenty working days after the date of receiving an international application — consider and verify the documents thereof in order to determine the compliance thereof with the provisions of part 4 of Article 62 of this Law, as well as the compliance of the information indicated in the international application with the data of the state register or, where relevant, with the data of the database of applications for trademarks.
2. Where the international application complies with the requirements of this Law and the conditions of the General Directive, the state authorised body shall indicate the date of submission of the international application to the state authorised body, after which one copy of the international application shall be forwarded to the International Bureau, the other — to the applicant as an attestation that the application is accepted.
3. Within the meaning of part 4 of Article 3 of the Madrid Agreement or, where relevant, within the meaning of part 4 of Article 3 of the Protocol Relating to the Madrid Agreement, the date of submission of the international application to the state authorised body shall be deemed to be the date of international registration the country of origin whereof is the Republic of Armenia, provided that the International Bureau has received the application within a period of two months. Otherwise, the date of receipt of the international application by the International Bureau will be deemed to be the date of international registration.
4. Where, in compliance with the provisions of part 1 of this Article, errors or inaccuracies are detected the correction whereof requires the consent of the applicant, in particular adjustment of the list of goods and/or services, the state authorised body shall notify the applicant thereof, by recommending to correct the errors or inaccuracies within a reasonable time limit taking into account the provisions of part 3 of this Article.
(Article 60 amended by HO-155-N of 28 September 2016)
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Article 61. |
Application on further marks |
1. The rightholder of an international registration the country of origin whereof is the Republic of Armenia may further claim expansion of the territory of protection of the given registration to one or more countries which were not indicated in the initial international application, in respect of all goods and/or services listed in the international registration or a part thereof, by submitting a relevant application to the International Bureau through the state authorised body.
2. Receipts of payment of the state duty prescribed by law shall be submitted attached to the application indicated in part 1 of this Article.
3. The provisions of part 2 of Article 63 and Article 64 of this Law shall apply mutatis mutandis to the application on further indications.
4. The further territorial expansion of protection shall enter into force from the date of making a record thereon in the International Register and terminate concurrently with termination of the relevant international registration.
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Article 62. |
Process related to the international registration notified of by the International Bureau |
1. The processes for submitting a remark and objection pursuant to Article 44 of this Law and for conducting an expert examination of the application as to the substance pursuant to Article 45 of this Law shall apply to any notice on international registration received from the International Bureau wherein the Republic of Armenia is indicated or, where relevant, which relates to the further territorial expansion of protection over the Republic of Armenia, under the same conditions which are provided for by this Law for applications submitted immediately to the state authorised body.
2. Remarks and objections to an international registration wherein the Republic of Armenia is indicated or to the territorial expansion of the international registration over the Republic of Armenia may be submitted to the state authorised body within a period of six months after the date of official publication — by the International Bureau — of the information on the given international registration or on the territorial expansion thereof over the Republic of Armenia. The remarks and objections submitted shall be considered as prescribed by Article 46 of this Law.
3. Where, pursuant to part 1 of this Article, it is established as a result of the expert examination that the international registration does not comply with the requirements of this Law or where an objection to or a remark on the given international registration has been submitted, which has been fully or partially granted, the state authorised body shall render a decision on preliminary rejection of granting legal protection to the trademark in the Republic of Armenia in respect of all goods and/or services or, where relevant, a part thereof, and inform the International Bureau thereon.
4. After the decision on preliminary rejection, indicated in part 3 of this Article, any process provided for by this Law shall be implemented between the state authorised body and the rightholder of the trademark through the representative of the latter, unless otherwise provided for by an international treaty of the Republic of Armenia.
5. After rendering a final decision on the international registration, the state authorised body shall notify the International Bureau on:
(1) rejecting the granting of protection to the trademark in respect of all goods and/or services indicated in the international registration; or
(2) granting protection to the trademark for a part of the goods and/or services indicated in the international registration; or
(3) granting protection to the trademark in respect of all goods and/or services indicated in the international registration.
6. The state authorised body shall notify, as prescribed, the International Bureau on all final decisions of courts on international registration.
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Article 63. |
Validity of international registration in the Republic of Armenia |
1. Any international registration wherein the Republic of Armenia is indicated shall, starting from the date of international registration or, where relevant, the date of further indication of the Republic of Armenia, have the same validity as it would have where the trademark had been submitted to the state authorised body for registration as prescribed by this Law.
2. Where the state authorised body has failed to notify the International Bureau on rejection of registration in compliance with part 3 of Article 62 of this Law or where the notified rejection has been fully or partially recalled, starting from the date indicated in part 1 of this Article, the protection of the trademark in the Republic of Armenia will be the same as it would have where the trademark had been registered by the state authorised body as prescribed by this Law.
3. Where the protection of a trademark has been rejected pursuant to point 1 of part 5 of Article 62 of this Law, it shall be deemed that the given international registration has not obtained the validity provided for by parts 1 and 2 of this Article in the Republic of Armenia.
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Article 64. |
Substituting a national registration of a trademark with an international registration thereof |
1. Upon the request of the rightholder of a trademark registered earlier in the national register of trademarks, the state authorised body shall, in compliance with Article 4bis of the Madrid Agreement and Article 4bis of the Protocol Relating to the Madrid Agreement, take for information the substitution of that trademark for the same goods and/or services with further international registration in the name of the same rightholder extended over the Republic of Armenia. Information on substitution shall be entered into the state register without prejudice to the rights of the rightholder acquired earlier.
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Article 65. |
Transformation of an international registration into a national application |
1. Pursuant to the Protocol Relating to the Madrid Agreement, the rightholder of an international registration with the indication of the Republic of Armenia may, in compliance with Article 9 quinquis of the indicated Protocol, apply to the state authorised body with the request to transform the international registration into an application for the same trademark, where the international registration is revoked at the request of the authorised body of the country of origin in respect of all goods and/or services listed in the relevant registration or a part thereof.
2. The application provided for by part 1 of this Article shall be considered through the same procedure as would be applied where it had been submitted directly to the state authorised body on the date of the international registration or on the date of the further territorial expansion over the Republic of Armenia, and where the trademark having international registration had priority, the trademark submitted by that application will enjoy the same priority, provided that:
(1) the application has been submitted within three months calculated from the date when the international registration was removed from the International Register;
(2) the goods and/or services listed in the application include the goods and/or services indicated in the international registration over the Republic of Armenia;
(3) the application complies with the requirements prescribed by this Law;
(4) the receipt for payment of the state duty prescribed by law is submitted attached to the application.
3. A document issued by the International Bureau shall be submitted attached to the application for transformation, which must contain the image of the trademark and the list of the goods and/or services in respect whereof the Republic of Armenia had been indicated before removing the international registration from the International Register.
4. Where the time limit for notifying of the preliminary rejection pursuant to part 2 of Article 5 of the Protocol Relating to the Madrid Agreements has expired as of the date of removal of the international registration from the International Register, and where the state authorised body has not rendered a decision on rejection as of the given date and there is no court case on termination of the protection over the given trademark, then pursuant to Article 62 of this Law, the process of rejection shall not be applied, and the state authorised body shall carry out the registration of the trademark pursuant to Article 48 of this Law.
(Article 65 amended by HՕ-155-N of 28 September 2016)
CHAPTER 11
TRANSITIONAL PROVISIONS AND ENTRY INTO FORCE OF THE LAW
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Article 66. |
Transitional provisions |
1. Registrations of trademarks registered before the entry into force of this Law shall continue to have effect in compliance with the requirements prescribed by this Law.
2. Trademarks containing an appellation of origin of goods, the registration whereof has been carried out after the registration of the appellation of origin of the goods before the entry into force of this Law must be brought into compliance with the requirements prescribed by the Law of the Republic of Armenia “On geographical indications” before 31 December 2010.
3. Pursuant to part 2 of this Article, actions for registration of trademarks not brought into compliance shall be terminated from 1 January 2011.
4. Consideration of applications submitted to the state authorised body before the entry into force of this Law, the preliminary expert examination whereof has not been completed, shall be carries out as prescribed by this Law.
5. Consideration of applications submitted to the state authorised body before the entry into force of this Law, the preliminary expert examination whereof has been completed, shall be carried out as prescribed by this Law, without the application of the provisions provided for by Article 44, part 2 of Article 45, point 3 of part 3 of Article 45 and Article 46 of this Law.
6. To repeal Law of the Republic of Armenia HO-41 of 20 March 2000 “On trademarks and service marks, appellation of origin of goods”.
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Article 67. |
Entry into force of the Law |
1. This Law shall enter into force on 1 July 2010.
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President |
S. Sargsyan |
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22 May 2010 Yerevan HO-59-N |
Translation published on a joint site 14 August 2026.