Oct 20, 2021CIS Countries Sign New Cooperation Agreement against Use of False TMs and GIsOn May 28, 2021, the CIS Council of Heads of Government signed the Agreement on Cooperation of CIS Member States on Prevention and Suppression of Use of False Trademarks and Geographical Indications. The member states of the Commonwealth of Independent States are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan.
The document replaces the existing Agreement signed in 1999, inspired by the TRIPS Agreement and the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. It was aimed at establishing the coordination mechanism among the law enforcement bodies to protect the interests of rightsholders and consumers against unfair use of indications on products.
The reviewed act optimizes the arrangements of the Parties, adjusts terminology, and updates the legal acts underlying the cooperation. The new Agreement shall enter into force 30 days after the third Party deposits a written notification that it has completed its domestic procedures. For those Parties that complete their domestic procedures later, the Agreement shall enter into force 30 days after the deposit of their written notifications.
For more information, please check hereSource: www.rosepatent.gov; www.petosevic.com May 20, 2021EAEU Trademark Agreement in ForceOn April 26, 2021, the Agreement on the Eurasian Economic Union Trademarks, Service Marks and Appellations of Origin, signed on February 3, 2020 by all five Eurasian Economic Union (EAEU) member countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia, entered into force, following the recent ratification by all member states.
The Agreement introduces a new system for the registration of EAEU trademarks. Instead of registering a trademark in each EAEU member state, the Agreement provides a centralized filing of the application and further prosecution in one IP Office. The EAEU trademark is kept in a single register administered by the Eurasian Economic Commission (EEC). Further, applicants receive a unified protection certificate.
Source: www.petosevic.com and Mikhailyuk, Sorokolat and Partners, Ukraine Feb 11, 2021 (Newsletter Issue 3/21)
Ratification of Protocol on Protection of Industrial Designs
On December 17, 2020, Armenia deposited the instrument of ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention with WIPO.
The Protocol on the Protection of Industrial Designs shall enter into force on March 17, 2021, in respect to the first three states that have ratified it - the Republic of Armenia, the Republic of Azerbaijan and the Kyrgyz Republic.
Source: www.eapo.org
May 28, 2020 (Newsletter Issue 8/20)Trademark Agreement by Eurasian Economic Union Members SignedOn February 3, 2020, the Agreement on the Eurasian Economic Union (EAEU) Trademarks, Service Marks and Appellations of Origin was signed by all EAEU members states, namely Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. The Agreement will enter into force once all member states bring their registration procedures and official fees in line with the Agreement and deposit their instruments of ratification to the Eurasian Economic Commission (EEC), expected by the end of 2020. The Agreement was first signed by the EEC in December 2018.
This significantly moves forward the process of establishing a unified EAEU IP system, under which right holders will be able to obtain legal protection simultaneously in all EAEU member states by submitting one application to any of the national offices. Trademark applications will undergo preliminary (formal) and substantive examination, with the entire registration procedure estimated to take approximately one year. The EAEU trademark will be kept in a single register administered by the EEC.
For more information, please click hereSource: www.petosevic.com Feb 25, 2015 (Newsletter Issue 3/15)
Joined Eurasian Economic Union
Armenia became a member of the Eurasian Economic Union (EEU) on January 2, 2015, after Russian President Vladimir Putin signed on December 23, 2014 a law ratifying the agreement on Armenia’s accession.
The agreement envisages that Armenia joins the EEU Treaty and other international agreements signed within the frames of the Customs Union of Belarus, Kazakhstan and Russia. Armenia will have to amend its tariff commitments as member of the World Trade Organization, while the EEU’s Common Customs Tariff (CCT) will also have to be revised.
According to the EEU Treaty, Armenia will have one to eight years to harmonize its import duties in accordance with the CCT rates, one to five years to implement the Customs Union’s technical regulations, and three years to adjust the IP-related issues.
Source: www.petosevic.com
Sep 03, 2013 (Newsletter Issue 12/13)
Accession to Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Republic of Armenia, on June 17, 2013, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.
In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Armenia, on September 17, 2013.
Source: www.wipo.int
Jul 01, 2010 (Newsletter Issue 12/10)
New Trademark Law in Force
The Armenian Parliament has adapted the new Law on Trademarks which entered into force on July 1st, 2010.
The Law broadens the list of signs that can be registered as trademarks by adding holograms and colors or combination of colors to the trademarks defined by the current legislation. The list of signs to be registered as trademarks remains exclusive.
Furthermore, all new trademark applications are to be published in the PTO’s Official Gazette after which any third party can file a remark or opposition within two months from the publishing date.
The new Law on Trademarks abolish the previous Law on Trademarks, Service Marks and Appellations of Origin from the year 2000.
Source: www.petosevic.com
Legal basis is the Law on Trademarks which entered into force on July 1st, 2010 with amendments up to July 1, 2021. It has abolished the Law on Trademarks and Service Marks and Appellation of Origin of April 15th, 2000.
Armenia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
A trademark is any sign, which is capable of distinguishing goods and/or services of one person from goods and/or services of another person.
The Trademark Law stipulates that any of the following signs may be registered as a trademark (provided that they can be represented graphically):
Words, phrases (words combinations), names and slogans;
Letters or figures;
Pictures, images, symbols;
Three-dimensional images, in particular, shapes of the goods or of its packaging;
Holograms, colors, combinations of colors;
Sounds;
Any combination of the above-listed signs.
The following trademark types are registrable: trademarks, service marks and collective marks, and certification marks.
The application is filed at the Intellectual Property Agency.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A signed and stamped power of attorney is required. In case a stamp is not available the document must be notarized.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, a substantive examination, and a search for prior trademarks.
The processing time from first filing to registration is approx. 10 to 12 months.
All trademark applications are published in the PTO’s Official Bulletin.
National:The opposition period is 2 months from the date of publication of trademark application in the PTO’s Official Gazette.
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 application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
here
Practical details on trademark use requirements are available in our publication
here
The official fee for filing a trademark application is AMD 70,000 for one class, and AMD 15,000 for each additional class. The registration fee is AMD 50,000.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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