Registration and use of trademarks in Armenia

In this article we will consider trademarks and service marks in Armenia. Trademark and service mark (hereinafter referred to as "trademarks") are any graphical designations that make it possible to distinguish goods (services) of some persons from goods (services) of others.

Often in the framework of civil turnover in Armenia there are situations when the rights of some persons to use trademarks are violated by third parties. For example, if identical or very similar images, fonts, reviews, etc. are used on trademarks. In order to reduce the probability of such violations, the Armenian authorities have created a certain mechanism for the protection of exclusive rights to trademarks.

However, simple authorship, for example, of an image placed on a trademark does not in itself entail protection of the trademark right. The following conditions must be in place in order for the trademark to be protected by the state. These are the following conditions:

-State registration of the trademark;

-Recognition of the trademark as well-known in the Republic of Armenia;

-Availability of international treaties on the basis of which international registration       is carried out.

The fact of state registration of the trademark and the rights with regard to it shall be certified by the certificate of the right to the trademark. In addition, a legal entity shall be granted the right to use the trade name on its trademark.

Trademark registration is usually carried out for a period of 10 years. With the end of this period of registration can be extended for another 10 years each time. This procedure is applied in the vast majority of countries, including Armenia. The application is submitted in the last year of registration.

The process of obtaining a certificate begins with submission of documents to the authorized body, i.e. to the Intellectual Property Agency under the Ministry of Economy of the Republic of Armenia.

The right holder has the exclusive right to own, use and dispose of the trademark. At the same time, it is in charge of the issues of granting the above mentioned rights to third parties or prohibiting their use.

In the Republic of Armenia, the right holder has the right to prohibit other persons from using (without the right holder's permission) any designations that are not in the possession of the right holder:

-are identical to the registered trademark and are used in relation to those goods and (or) services for which the trademark is registered;

-are identical or similar to the registered trademark and are used in respect of such goods (services) which are identical or similar to those goods and services for which the trademark has been registered, if the use of these marks poses a risk of misleading consumers, including association with the registered trademark;

-is identical or similar to a trademark, which is registered for other goods (services), if the latter is well known in Armenia, and the use of this trademark will lead to the appearance of unjustified advantages or will damage the distinctive character of the designation or its reputation.

In Armenia, the use of the trademark shall be understood to mean the placement of trademarks on this commodity, its packing, its use as packaging of these goods, the offer for sale of goods marked with trademarks, their sale or storage for these purposes, or the provision of services under this trademark or their offer, the import or export of goods marked with the trademark, the use of this designation on documents or for advertising purposes, etc.

In case of violation of the exclusive rights to the trademark by third parties, the right holder has a full set of rights to their protection.

Symbols with graphic images are registered as trademarks:

-words, phrases, names or mottos;

-Letters or figures;

-Photos, images or symbols;

-Three-dimensional images, in particular, the appearance of the goods or their packaging;

-Holograms, colors, their combinations and compositions;

-Sound signals;

-Combinations of the above designations.

 In the absence of these conditions in the registration of the trademark may be refused. The refusal may also be given in case of:

-If the mark does not have any distinctive features or is composed exclusively of such designations, which serve to mark the time of production or provision of a service, type of goods or service, quality, quantity, purpose of creation, value or other characteristic.

-Exclusively consist of such marks or indications as have become universal in conversational or business practice;

-may be misleading as to the geographical origin of the goods, their quality, their nature or in matters concerning the producer;

-Reproduces or contains elements which are identical or similar to such an extent that they may be confused with images or names of the international cultural heritage or heritage of the Republic of Armenia;

- Other conditions specified in the law.