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Tajikistan (TJ)

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03-06-2012 (Newsletter Issue 4/12)
Accession to the Geneva Act
On December 21, 2011 the Republic of Tajikistan deposited its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

The Geneva Act will take effect in Tajikistan on March 21, 2012.

The accession to this Agreement provides the owner of an industrial design with the possibility to have his design protected in several countries by simply filing one application with the International Bureau of WIPO, in one language, with one set of fees in one currency (Swiss Francs). An international registration produces the same effects in each of the designated countries, as if the design had been registered directly with each national office, unless protection is refused by the national office of that country.

The Hague System simplifies the management of an industrial design registration, since it is possible to record subsequent changes or to renew the registration through a single procedural step with the International Bureau of WIPO.

Source: www.wipo.int, Mikhailyuk, Sorokolat and partners, Ukraine


05-06-2011 (Newsletter Issue 7/11)
Accession to the Madrid Protocol
Tajikistan joined the international trademark system following the deposit of its instrument of accession to the Madrid Protocol concerning the International Registration of Marks. The Madrid Protocol enters into force on June 30th, 2011. (Tajikistan has been a member of the Madrid Agreement already since December 25th, 1991).

Following declarations was further made:
- Tajikistan opted for the extension of time limit for refusal of protection of an international registration from 12 to 18 months;
- In connection with each international registration designating Tajikistan and the renewal of any such registration, Tajikistan opted for the individual fee system, instead of a share in the revenue produced by the supplementary and complementary fees.

Source: www.wipo.com and Petosevic, Balkan Regional Office


Legal basis is the Trademark Act of March 5, 2007.
Tajikistan is a member of the Madrid Agreement. From June 30, 2011, Tajikistan is a member of the Madrid Protocol as well.
Trademark protection is obtained by registration.
Nice classifcation, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, phrases or slogans, acronyms, letters, numbers, devices, three-dimensional forms, colours, sounds and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed with National centre for patents and information.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approximately 16-25 months.
After registration, the trademark is published in the Office Gazette.
National:
There is no opposition period for a pending application, i.e. an application is not published for opposition purposes. An observation can be filed by any person before the examination is completed. After the mark is granted and the registration certificate is issued, the mark details are published in the Official Bulletin. The registration may be opposed by any person before the Board of Appeal or before the Court, depending on the legal grounds and the period from the publication date of registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration or has later not been used for 3 consecutive years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is TJS 1,417.23 for one class and TJS 588.78 for each additional class.
Registration fee is TJS 1,355.57. The publication fee is for a black-and-white trademark TJS 944 and for a colour trademark TJS 1,416, entering English tax into certificate TJS 153.40.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 420,00 € 130,00 € 
Word Mark Search (identical) 410,00 € 110,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-18-2016
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

01-27-2015
PETOŠEVIC, Brussels, Belgium

07-15-2013
PETOŠEVIC, Brussels, Belgium

11-21-2010
PAG-E-PAG, Minsk, Belarus  



National Patent and Information Centre
Aini street 14 a
734021 Dushanbe
Republic of Tajikistan

Tel +992 37 223 0900 or 221 4760 or 222 2146
Fax +992 37 222 21 38
Mail info@ncpi.tj
www.ncpi.tj
Mail to: kurbonov.jamshed1977@gmail.com (Head of the Trademark Office)
or parviz.info@gmail.com

Eurasian Patent Organization (EAPO)
M.Cherkasskiy per. 2
109012 Moscow
Russian Federation
Tel +7 495 41 16 15 0
Fax +7 495 62 12 42 3
Mail hotline@eapo.org
www.eapo.org

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int