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Turkmenistan (TM)

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01-20-2016 (Newsletter Issue 1/16)
Accession to Hague Agreement
On December 16, 2015, the Government of Turkmenistan deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs. A list of the Contracting Parties to the Hague Agreement is available here

The Act will enter into force on March 16, 2016.

Source: www.wipo.int


03-06-2012 (Newsletter Issue 4/12)
IP Legislation Amended
The law amending the Civil Code’s Part 4 entered into force on January 19, 2012.

The previous version of Part 4, titled “Author’s Rights”, was the main legal act on copyright and related rights in Turkmenistan, while the issues related to trademarks, patents and industrial designs were regulated by separate legal acts, which still remain in force.

The new Part 4 is titled “Legislation on Intellectual Property” and it outlines the legislative basics for the entire IP area, including copyright and related rights, database rights, patents, industrial designs, semiconductor topographies, selection achievements, trademarks and commercial names.

The new Part 4 also outlines the basics for IP licensing and assignment agreements, including the provisions on compulsory licensing and collective management of IP rights.

Finally, the new Part 4 provides legal remedies related to IP rights infringement. In particular, the new legislation clearly indicates the types of claims that the IP rights owner can file before the court.

In view of the replacement of the old Part 4 of the Civil Code, the Turkmenistan parliament adopted a separate copyright and related rights law, which entered into force on January 20, 2012.

Source: PETOŠEVIĆ Client Service Office, Belgium


10-01-2011 (Newsletter Issue 11/11)
Use Requirement Compulsory
The national Law on Trade and Service Marks that became effective on November 15th, 2008, introduced oppositions and cancellation actions due to non-use.
Effective November 15th, 2011, the use of registered trademarks will be compulsory. The grace period for non-use of a registered trademark is three years as of the registration or the last use date.
This means, that beginning from November 15, 2011, any trademark, registered before November 15, 2008, can be canceled due to non-use. Trademarks registered after November 15, 2008 can be canceled due to non-use after 3 years of non-use.

However, the rules on filing opposition are not adopted yet. The official fee for filing an opposition is about EUR 75.




Source: www.liapunov.com

Legal basis is the Trademark Law of October 23, 2008.
Turkmenistan is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, phrases and 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 at the Patent Office.
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 26-29 months.
After registration, the trademark is published in the Office Gazette.
National:
An opposition against pending application can be filed by any person during the examination (item 7, Art. 11 of the Trademark Law). After the mark is granted protection and the registration certificate is issued, the mark details are published in the Official Bulletin, and it may be opposed by any person before the Board of Appeal.

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 the date of registration, if the application was filed before November 15, 2008. If the application has been filed after the mentioned date, it is valid within 10 years from the filing date. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting 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 not been used later for a continuous period of 3 years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee for filing a trademark application is TMT 565 for one class and TMT 285 for each additional class. The registration fee (including certificate issue fee) is TMT 710.

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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
09-05-2017
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

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

01-27-2015
PETOŠEVIC, Brussels, Belgium

07-15-2013
PETOŠEVIC, Brussels, Belgium

03-07-2012
Liapunov, St. Petersburg, Russian Federation
PETOŠEVIC Brussels Office, Brussels, Belgium

09-30-2011
Liapunov, St. Petersburg, Russian Federation



State Service on Intellectual Propertyunder Ministry of Economy and Development of Turkmenistan
156 Archabil Avenue
Ashgabat, 744000
Turkmenistan
Tel +993 12 394686
Fax +993 12 982445
Mail tmpatent@online.tm
www.tmpatent.org

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