New Trade Mark Law in Armenia valid since 1 July 2010

28.9.2010
New Trade Mark Law in Armenia came into force on 1 July 2010. The law follows recent trade mark developments and contains many important changes in order to follow the International Treaties to which Armenia is a part.

Firstly, the law contains a new definition of a trade mark and broadens the list of signs which can be registered as trade marks. In accordance with the new law also holograms, colors or combination of colors and sounds can be protected as trade marks in Armenia.

Secondly, the law includes new relative ground for the refusal of the applied trade mark, namely the applied mark can be refused due to the prior registration covering also not similar goods or services in case the earlier mark has a reputation in Armenia and if the use of the applied mark would lead to unfair advantages to the owner of the applied mark.

Further, the cancellation actions due to non-use and oppositions based on absolute and relative grounds should be filed at the Court instead of the Board of Appeals as earlier. This change will definitely lead to changes in these proceedings. It is expected that the procedure will at least become more expensive and a bit longer.

As to the cancellation actions, the new law contains an important article: The cancellation action due to non-use may not be accepted if during the interval between filing the cancellation action and issuance of the decision the trade mark has become a subject to assignment or license agreement or if genuine use of the trade mark has commenced or resumed.

The new law specifies required documents for registration of the assignment and license agreements. Moreover, a trade mark license and assignment agreement becomes effective against third parties from its registration date at the Patent Office. In this respect the law also includes time limits for the Patent Office to consider of the submitted documents. The Examiners are obliged to act accordingly.

The new law also regulates the publication of the trade mark application, namely all new trade mark applications will be published in the Official Gazette for opposition purposes. Third parties have an opportunity to file an opposition within two months from the publication date. This is probably the most important change to the previous regulations. The opposition term has been shortened from five years to two months.

New trademark law in Armenia

 

News

Folke Johansson, Markku Simmelvuo and Marina Smirnova selected WIPR Leaders 2018

The results are based on nominations from industry peers. WIPR Leaders ranks the leading IP practitioners in the world, listing over 1,700 lawyers.

Will parallel imports become entirely legal in Russia?

Parallel import has been thus far considered illegal, but a new wave of decisions started in 2017 when the Federal Antimonopoly Service (FAS) issued a warning notice to Daimler AG, Renault, KYB Corporation and YD-Diagnostics, suggesting that these organizations are restricting competition and violating the antimonopoly legislation.

Markku Simmelvuo from Papula-Nevinpat selected as IP person of the year 2017

Our managing director Markku Simmelvuo was selected as the IP person of the year 2017 at the IPR Gala organized by IPR University Center on Friday, 26 January 2018 in Helsinki, Finland.

Papula-Nevinpat again highly ranked in WTR 1000

Papula-Nevinpat was once again ranked among the tops in the annual World Trademark Review 1000 for 2017. Now on its eighth year, the WTR 1000 assesses the quality of strategic services and trademark registrations provided by trademark professionals globally.