The development of economic contacts, deepening interactions with local and foreign business representatives and expansion of market relations highly increase the demand for obtaining the trademarks protection in the Republic of Armenia. Commercial relations attract applicants from many countries and the trademarks registration has become one of the priority aims.
In this article, the terms and procedures of trademarks registration in Armenia will be explained.
Contents
1. What can be registered as a trademark in Armenia?
2. Why can you be refused to register a trademark in Armenia?
3. The process of trademark registration in Armenia
4. Documents required for registering a trademark in Armenia
5. Trademark opposition process in Armenia
6. Costs of trademark registration in Armenia
1. What can be registered as a trademark in Armenia?
Any sign, which can be represented graphically, may be registered as a trademark, namely:
- words, phrases, names or slogans;
- letters or figures;
- pictures, images or symbols;
- three-dimensional images, in particular the shape of goods or of their packaging (container);
- holograms, colours, combinations of colours or their compositions;
- sounds;
- any combinations of signs referred to in the points 1-5.
The important point is a list of goods and/or services for which the registration of the mark is claimed. It shall be grouped in accordance with the Nice classification corresponding to the date of filing of the application, in ascending order of numbers of classification. The Goods and services should be mentioned in precise terms that ensure their identification.
2. Why can you be refused to register a trademark in Armenia?
There are Absolute and Relative grounds for refusal of trademark registration.
The Absolute grounds include the following cases when the mark:
- is devoid of any distinctive character;
- consists exclusively of indexes or signs indicating the characteristics of the goods and/or services;
- represents exclusively the outward appearance of the goods;
- is contrary to public policy or to principles of humanism or morality;
- is liable for deceiving the public in regard to the geographical origin, quality, nature, or producer;
- reproduces or includes state names, emblems, flags or symbols, symbols of religious or cultural heritage;
The Relative grounds include the following cases, when the mark:
- is identical to an earlier trademark;
- is identical or confusingly similar to the trade name;
- is identical or similar to a geographical indication or appellations of origin of goods protected in the Republic of Armenia;
- reproduces or includes industrial design, utility model or any other subject matter of IP protected in Armenia;
- reproduces or includes literary, scientific or artistic works protected under the Law on Copyright;
- reproduces or includes the name, surname or pseudonym of a well-known person;
3. The process of trademark registration in Armenia
The trademark registration process includes the following steps:
1. Filing the application, referring only to one trademark.
2. Preliminary examination of an application. Within a period of one month from the date of filing, the State Authorised Body registers the application, gives the serial number and conducts an examination to check whether the filed documents meet the Law requirements.
3. Publication of the Application for third parties remarks and oppositions. The application is published in the “Industrial Property” Official Bulletin.
4. Substantive Examination of a Trademark. Within a period of three months from the day of the application publication a substantive examination, checking the compliance on conditions of protection is carried out. In case there is no existence of absolute and/or relative grounds for refusal, the decision of trademark registration is made.
It is advisable to conduct the trademark preliminary search before filing the application via International, such as Madrid Monitor and Global Brand Database, and Armenian search tools to understand the possible scope of risks regarding the trademark essence or third parties prior rights.
The applications and other documents to be filed with the State Authorized Body shall be of the officially specified form.
4. Documents required for registering a trademark in Armenia
The following set of documents shall be filed in order to register a trademark:
- an official application form;
- payment receipt for the application filing state fee and its examination;
- document certifying the power of the representative;
- a request for claiming a priority (if applicable);
- Regulations for the use of a collective mark (if necessary);
- Regulations for the use of a certification mark (if necessary).
- a permission issued by the authorized body (if necessary);
- consent of the prior proprietor (if necessary);
The application shall be filed in Armenian. The attached documents may be submitted in other languages on condition that the foreign applicants submit corresponding translations within a period of two months. Also read about trademark registration in Canada.
In Armenia the trademark can be registered in the name of a natural person, private entrepreneur or company and the set of documents can vary depending on the applicant status.
The representative’s power of attorney is submitted to the State Authorised Body alongside with the application or within two months after the application date.
Any applicant who wishes to benefit from the right of priority submits to the State Authorised Body a certified copy of the first application and its Armenian translation together with the application or within a period of two months.
5. Trademark opposition process in Armenia
Any third person may, within a period of two months following the publication of the application, present a written remark to the State Authorized Body against the registration of the claimed trademark, stating that its registration is subject to refusal.
The right holder of the trademark or well-known trademark, as well as holders of earlier rights in geographical indications or designations of origin, industrial designs or utility models, protected name or surname, pseudonym, portrait, the holders of earlier rights in copyrighted works in the field of literature, science and art protected in the Republic of Armenia and any other interested person may, within a period of two months following the publication of the application, present a written opposition to the State Authorized Body against the registration of the claimed trademark, stating that its registration is subject to refusal.
The applicant shall present his considerations within a period of one month following the day of receiving the notification. Such a process may take a few months and if the remark or opposition is successful, including all the stages of the applicant`s responses and claims, the trademark registration will be rejected.
6. Costs of trademark registration in Armenia
Government fees:
| Trademark registration application for one class and preliminary examination: | 70 000 Armenian drams |
| For each additional class: | 15 000 Armenian drams |
| Convention / Exhibition Priority Request: | 10 000 Armenian drams |
| Trademark registration fee: | 50 000 Armenian drams |
| Trademark renewal for one class: | 120 000 Armenian drams |
| Trademark renewal for each additional class: | 10 000 Armenian drams |
Attorney fees:
| Preparation of the documents and filing trademark registration application for one class and preliminary examination: | $170 |
| For each additional class: | $30 |
The trademark registration cost in Armenia via the iPNOTE platform starts from as low as $472, which includes all government fees and document preparation. Find the best IP attorney in Armenia on iPNOTE.
7. Conclusion
A trademark is one of the most valuable assets, the use of which increases business reputation and trust of the goods and service consumers. In the light of economic development, expansion of sales markets, foreign economic relations and foreign investments, registration of a trademark and its usage in the market of the Republic of Armenia is the guarantee of protection from the mark illegal use by the third parties and the key to developing activity, increasing consumption of goods and services and recognition of the trademark holder.
***
Want to register a trademark in Armenia? Contact Lilit Akopova now via iPNOTE to start protecting your IP.
The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.
Sign up for free, and we’ll help you solve any IP-related problem.
Secure your intellectual property with the expertise of a trademark registration lawyer and a patent registration lawyer. Trust our legal professionals to navigate the complexities and safeguard your innovations.
