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PROVISIONAL REFUSAL OF TRADEMARK IN AFGHANISTAN

PROVISIONAL REFUSAL OF TRADEMARK IN AFGHANISTAN– Afghanistan is the 101st member that acceded to the Madrid protocol on March 26, 2018 which makes it possible for entities and individuals in Afghanistan to protect their trademark in all the member countries by filing one International application through the Madrid System route.

Provisional Refusal of Trademark in Afghanistan: Procedure

  • On receipt of International application, the Intellectual Property Office of Afghanistan examines the application on absolute and relative grounds. The timeline to issue a provisional refusal is 12 months from receipt of international application.
  • Thereafter the Intellectual Property office of Afghanistan i.e. Afghanistan Central Business Registry(ACBR-IP) forwards the objections to the application to International Bureau, WIPO.
  • International Bureau notifies the applicant about the objections
  • Thereafter, the applicant responds to the Provisional Refusal through agent and the deadline for the same is 15 days (inclusive of Public Holidays) from the date of issue of provisional refusal. The deadline to file provisional refusal can be extended by submitting letter to the Office.
  • If the response of applicant is accepted by the Office (ACBR-IP), then the mark moves towards publication.
  • If the response is not accepted or not filed by the applicant, then the trademark is refused by the Office.

Also read: IRDI Provisional Refusal of Trademark in India

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[1]https://www.wipo.int/madrid/memberprofiles/#/result?countries=10060&datafields=9584,9582,9583,9638,9623,9625,9626,9624,9627,9622,9630,9631,9629,9639,9640,9641,9595,9637,9634,9633,9636,9635,9628,9586,9592,9594,9585,9591,9589,9587,9590,9588,9593,9600,9597,9598,9601,9605,9604,9602,9596,9599,9603,9613,9609,9621,9619,9612,9620,9607,9616,9615,9606,9618,9614,9617,9611,9610,9608

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