The opposition procedure in Afghanistan is governed under Trademark Law of 2009, administered by the Afghanistan Central Business Registry and Intellectual Property (ACBR-IP) under the Ministry of Commerce and Industry. Article 23 of the Law on Trade Marks Registration lays down the provisions of objecting a trademark application.
Procedure for trademark opposition:
- Notice of Opposition:
- Any interested party may file a Notice of Opposition within 1 month of the application’s publication.
- Once the opposition is filled, the registry must send a copy of opposition to the applicant within 15 days of receiving the application
- Withdrawal by the Applicant:
- Within 30 days of receiving the notice of opposition the applicant may withdraw their application.
- If the applicant chooses not to withdraw their application, the Opponent will have 60 days to file a complaint with the Review Committee / relevant commercial court.
- If the Opponent does not file a complaint with the Review Committee / Commercial Court within the prescribed time, the opposition is considered abandoned and the trademark proceeds to registration.
- Counterstatement by the Applicant:
- Where the Opponent escalates the matter to a Review Committee / Commercial Court, the Applicant may submit their response to justify their claim over the mark.
- Hearing & Decision:
- The Review Committee / Commercial Court will hear the parties, assess the documents and arguments submitted and issue a decision accordingly
- In case of rejection of the mark, the authority will provide the reasons for rejection.
- Appeal:
- Upon rejection, the Applicant may file an appeal with the local commercial court within a period of 15 days of receiving the decision.