TRADEMARKS FILING AND PROSECUTION IN TAJIKISTAN
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
Trademarks in Tajikistan are designated by the following symbols:
- ™(for an unregistered trademarks, that is, a mark used to promote or brand goods)
- ®(for a registered trademark)
The owner of the registered trademark may commence legal proceedings against trademark infringement of its mark.
|Relevant office||National Center for Patents and Information|
Ministry of Economic Development and Trade of the Republic of Tajikistan (NCPI)
|Nice classification||Yes (11th edition)|
|Multi class system||Yes|
|Documents required for filing a trade mark application||Non-legalized Power of Attorney|
|Prosecution process||Filing formal and substantive examination (on relative and absolute grounds) registration renewal|
|Registration term||10 years from the date of application|
|Renewal term||10 years|
Trademark searches in Tajikistan
It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark searches in Tajikistan can be conducted for word marks, device marks, numeral and labels. An official search can be conducted at the records of the National Center for Patents and Information (NCPI).
Trademark word search edition of Tajikistan follows the nice classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45. Trademark searches in Tajikistan can be conducted for the desired class and associated class.
Along with trademark search, it is also advisable to conduct a comprehensive company search and domain search of the proposed trademark in Tajikistan.
Device mark or figuration trademark includes marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. A device mark search can be conducted in respect of desired goods and services falling under classes 1-45.
A device mark can be searched with the help of international classification of figurative elements of marks which prescribes Vienna codes for different figures.
Filing trademark applications in Tajikistan
A person may file multi class or single class trademark application in Tajikistan.
Trademark applications in Tajikistan can be filed in two categories:
- Ordinary applications
- Convention application (claiming priority from a convention country)
Ordinary trademark applications in Tajikistan:
Ordinary trademark applications filed in Tajikistan are applications which are filed without claiming any priority. Ordinary applications are filed with the national center for patents and information. The application form is available on the official website of the registry in the trademark and service mark column. The form is available for the applicants as application and attached documents. Multi class trademark applications can be filed in Tajikistan. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority/convention trademark applications in Tajikistan:
A priority trademark application should be filed in Tajikistan within 6 months after the date on which the application was made in the convention country.
The Paris Convention for the protection of Industrial Property, signed in Paris, France, on March 20, 1983, established a union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim on the Paris convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Tajikistan within 6 months of after the date on which the application was made in the convention countries.
Trademark classes for goods and services in Tajikistan
Tajikistan follows the international classification of goods and services. The Nice Classification consists of a list of classes and an alphabetical list of goods and services. There are 34 classes of goods and 11 classes of services from classes 1 to 45.
Trademark examination in Tajikistan
Once the application for the registration is submitted, the patent office will examine the application. The patent office will examine the application and shall comprise of formal and substantive examination (relative and absolute grounds).
During the examination the patent office will request the applicant to provide supplementary materials, the absence of which will make the examination impossible.
The applicant must submit the requested materials within two months from the date of receipt of such request by the applicant. If the applicant fails to provide supplementary materials within the said time period or fails to request for the extension of time period, the application for registration will be deemed to be withdrawn. The patent office extend this time period by not more than 6 months at the request of the applicant.
The formal examination of the application shall be carried out within one month from the date of filing of the application with the patent office. In the formal examination the presence of the necessary documents in conformity with all the legal requirements of the registration is checked. On the basis of the result of the formal examination, a decision shall be made either to accept the application for further examination or to refuse the application, of which the applicant is informed.
After this the application goes through the substantive examination on relative and absolute grounds. Based on the result of this examination, a decision is made either to register the trademark or to deny the registration of the trademark.
If the applicant is not satisfied with the decision of the examiner, the applicant can file request for re-examination with the patent office within 2 two months from the date of receipt of the decision. Re- examination will be conducted within two months of the date of receipt of the applicant’s request.
If the applicant is aggrieved by the decision of the examiners, he may lodge an appeal with the appeal board within three months from the date of the receipt of the appropriate decision.
Trademark opposition in Tajikistan
There is no opposition period. After the mark is granted protection it can be opposed before the board of appeal or before the court based on the legal grounds.
Trademark registration in Tajikistan
If no opposition is filed against the mark or where the opposition was filed and decided in favor of the applicant, then the same shall proceed towards registration. The mark is then registered for a period of 10 years from the date of filing of the application and registration certificate is issued.