By Damdinbayar Damdinsuren, IPPI Co.,Ltd
Registering a trademark in Mongolia is a crucial step for businesses and individuals looking to protect their intellectual property. With the country’s growing economy and increasing international trade, securing a trademark in Mongolia ensures that businesses maintain exclusive rights to their brand names, logos, and other distinctive elements. The process to register a trademark in Mongolia is structured, requiring applicants to follow specific legal procedures to gain protection.
This article outlines the key aspects of trademark registration in Mongolia, including what can be registered, reasons for refusal, the registration process, required documents, opposition procedures, costs, and the importance of filing for a trademark in the country.
Contents
1. What Can Be Registered as a Trademark in Mongolia?
2. Reasons for Refusal of a Trademark Application in Mongolia
3. The Trademark Registration Process in Mongolia
4. Documents Required for Trademark Registration in Mongolia
5. Trademark Opposition Process in Mongolia
6. Trademark Costs in Mongolia
7. Why File a Trademark in Mongolia?
1. What Can Be Registered as a Trademark in Mongolia?
In Mongolia, a trademark is defined as any “sign” or “distinctive expression” that can distinguish goods or services of a natural or a legal person including an enterprise from those of another. The term “sign” or “distinctive expression” includes various types of representations that a business can use to differentiate itself. Generally, the following types of trademarks can be registered in Mongolia:
Trademarks may be expressed in words, figures, letters, numerals, three-dimensional configurations, colors, combination of the colors, sounds, scents or any combinations thereof.
- Words: This includes brand names, slogans, or any combination of letters and numbers.
- Figures (Images) or Logos: Visual representations such as logos, graphics, or symbols can be registered as a trademark in Mongolia.
- Three-dimensional configurations: Visual three-dimentional representations can be registered as a trademark in Mongolia.
- Colors and combination of the colors: Unique color schemes or combination of the colors specific shapes of goods or packaging can qualify as trademarks.
- Sound Marks: Distinctive sounds, though less common, may also be registered.
- Scent Marks: Distinctive scents, though less common, may also be registered.
- Any combinations of abovementioned: Unique combinations of abovementioned for goods or packaging can qualify as trademarks.
The primary requirement is that the trademark must be distinctive and capable of identifying the goods or services it represents.
2. Reasons for Refusal of a Trademark Application in Mongolia
Despite the flexibility of what can be registered as a trademark in Mongolia, certain grounds exist that may lead to the refusal of a trademark application. The Mongolian Intellectual Property Office (IPOM) evaluates all applications carefully, and common reasons for refusal include:
- Lack of Distinctiveness: A mark that is too generic or descriptive, and therefore fails to differentiate the goods or services from others, may be rejected. Expressions determining the goods or services, words or figures indicating the quantity, size, weight, quality, purpose, price, or name of the place, geographical name and its abbreviation, location in the map, time or method of manufacturing are considered to be not distinctive and not constitute a trademark. For example, using a term like “fresh” for a juice product may be considered too descriptive. The word “fresh” is an expression of quality of designated goods and not constitute a trademark.
- Similarity to Existing Trademarks: If the proposed trademark closely resembles an already registered mark in appearance, sound, or meaning, the application can be denied to avoid consumer confusion.
- Contrary to Public Order or Morality: Marks that contain offensive, deceptive, or misleading content will be refused. Trademarks promoting illegal activities or those harmful to the public are not acceptable.
- Misleading Trademarks: Marks that could deceive consumers about the nature, quality, or geographical origin of goods or services may also face refusal.
- Marks Representing Official Symbols: Trademarks featuring national flags, emblems, or any governmental insignia are not permitted.
3. The Trademark Registration Process in Mongolia
The process to register a trademark in Mongolia involves several stages, which must be carefully followed to secure protection. Here’s a step-by-step guide:
Search and Preliminary Examination: Before filing an application, it is advisable to conduct a trademark search to ensure that the proposed trademark does not infringe on any existing marks. The search can be done through IPOM’s online database.
Filing the Application: The formal process begins when the applicant submits a trademark application to the Mongolian Intellectual Property Office (IPOM). The application can be filed in person or electronically and must include essential information such as the applicant’s details, the trademark itself, and the list of goods or services it will cover. Check also how to register a design in Poland.
Publication: If the filing is successful, the trademark is published in the IPOM’s official gazette. This marks the beginning of the opposition period of three months.
Examination: After the end of the opposition period, the application undergoes a formal examination, followed by a substantive examination. The formal examination ensures all necessary documents are submitted, while the substantive examination assesses whether the trademark meets legal requirements, such as distinctiveness and non-similarity to existing trademarks. In the substantive examination, the opposition is considered.
Publication in the official gazette: If the examination is successful, the trademark is officially registered, and published in the IPOM’s official gazette.
Registration and Issuance of Certificate: The applicant receives a registration certificate after paying its registration payments including state registration taxes.
4. Documents Required for Trademark Registration in Mongolia
When applying for trademark registration in Mongolia, specific documents must be provided to ensure that the application is complete. These documents include:
- Application Form: A completed trademark registration form that includes details of the applicant and a representation of the trademark.
- Description of the Trademark: A clear description of the goods or services for which the trademark will be used, classified according to the Nice Classification system.
- Power of Attorney: If the applicant is represented by an attorney or agent, a power of attorney must be provided.
- Priority Documents: If the application claims priority from an earlier application in another jurisdiction, supporting documents must be provided within six months.
- Proof of Payment: Evidence of payment of the official fees for the trademark application.
5. Trademark Opposition Process in Mongolia
Once the trademark is published in the official gazette, there is a period during which third parties can oppose the registration of the trademark. The opposition process in Mongolia involves the following steps:
Filing an Opposition: Any party that believes the trademark should not be registered (e.g., due to similarity to an existing trademark or lack of distinctiveness) can file an opposition within three months of the publication date.
Review of the Opposition: The IPOM will review the opposition and provide an opportunity for the trademark applicant to respond to the claims.
Final Decision: Based on the arguments from both parties, the IPOM will make a decision either to accept or reject the opposition. If the opposition is rejected, the trademark moves forward to registration.
6. Trademark Costs in Mongolia
Trademark registration in Mongolia involves several costs that vary depending on the type of trademark and the number of classes of goods or services it covers. Key costs include:
| Professional fee for 1 class | $330 |
| Government fee up to 3 classes | $12 |
| Professional fee for each additional class | $33 |
| Government fee for each additional class | $2 |
The trademark registration cost in Mongolia via the iPNOTE platform starts from as low as $342, which includes all government fees and document preparation. Find the best IP attorney in Mongolia on iPNOTE.
7. Why File a Trademark in Mongolia?
Securing a trademark in Mongolia offers several advantages for businesses:
- Brand Protection: A registered trademark in Mongolia provides legal protection against unauthorized use, ensuring that competitors cannot legally exploit your brand identity.
- Market Exclusivity: Registering a trademark gives the owner exclusive rights to use the mark in Mongolia, preventing others from using it for similar goods or services.
- Business Expansion: For businesses looking to expand into Mongolia, having a registered trademark is essential for establishing a foothold in the market and ensuring brand recognition.
- Legal Recourse: In cases of infringement, a registered trademark provides the owner with the right to take legal action and seek damages.
8. Conclusion
The trademark registration process in Mongolia is a structured procedure that requires careful attention to detail. From understanding what can be registered to navigating potential opposition, businesses must be diligent in ensuring their trademarks meet the country’s legal requirements. Registering a trademark in Mongolia not only secures exclusive rights but also offers a critical layer of protection for brands operating in this emerging market. With proper registration, businesses can safeguard their intellectual property and thrive in Mongolia’s dynamic economic landscape.
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