Oct 15, 2023 (Newsletter Issue 8/23)
Madrid e-Filing Now Live
Mongolia is the latest Madrid System Member – and the first in East Asia – to sign up to the Madrid e-Filing service, bringing the number of intellectual property (IP) Offices using the platform to 21.
Starting October 15, 2023, trademark holders from Mongolia are able to file their applications for an international trademark registration online, directly via the website of the Intellectual Property Office of Mongolia (IPOM).
Madrid e-Filing will allow Mongolian trademark owners to expand the protection of their national trademark registrations in a secure and online environment. The biggest advantage for Mongolian users is to communicate directly with IPOM and receive and respond to irregularities issued by the WIPO online. It offers applicants a convenient and time saving process.
Source: www.wipo.int
Dec 16, 2021 (Newsletter Issue 18/21)
Trademark and Geographical Indications Law Amended
Several amendments to the Mongolian Trademark and Geographical Indications Law (TML) were introduced and came into force on September 23, 2021.
Some of the amendments are the following:
- A two-phase opposition procedure has been introduced.
- The Intellectual Property Office of Mongolia (IPOM) now publishes trademark applications in the Official Journal after the formal examination.
- After the publication of the trademark application in the Official Journal, an interested party may submit an opposition to IPOM within 3 months from the filing date (Art. 8.10 TML), with the possibility of extending this period by 2 months (Art. 8.11 TML).
- For international applications, the opposition period is five months from the date of the publication of the MN (Mongolia) designation in the WIPO Gazette of the International Marks (Art. 11.9 TML).
- IPOM shall perform the substantive examination within 9 months from the filing date of the trademark application, which period may be extended by 6 months if necessary.
- Bad faith has been added to the list of grounds for refusal of registration (Art. 5.2.11 TML).
- The TML now stipulates that a trademark may be invalidated if the rights holder cannot provide evidence of reasonable efforts to use the trademark in the marketplace for a period of five years (Art. 33.1.3 TML).
Source: www.lehmanlaw.mn; www.ip-coster.com
Sep 09, 2021 (Newsletter Issue 14/21)Official Fee IncreasedAs of July 1, 2021, the official fee for filing a trademark application is now MNT 50,000 for up to 3 classes (previously MNT 20,000) and MNT 5,000 for each additional class in paper. The issuance of trademark certificate changed from MNT 15,000 to MNT 30,000.
Source: Schmitt & Orlov, Mongolia Feb 02, 2016 (Newsletter Issue 2/16)Designation of International DesignsOn December 14, 2015, WIPO received from the Intellectual Property Office of Mongolia, a clarification of the
declaration under Article 17(3)(c) of the Geneva (1999) Act of the Hague Agreement.
The designation of Mongolia in international registrations of industrial designs shall enjoy protection for the maximum duration of 15 years from the date of international registration, subject to renewal of the international registration.
The clarification notice can be accessed here
Source: www.wipo.int Nov 25, 2014 (Newsletter Issue 18/14)Regulation of Well-known TrademarksThe Regulation on Well-known Trademark of Mongolia has entered into force from 1 July 2014. Legal entities or personnel have now the right to apply to the Dispute Resolution Commission of the Intellectual Property Office of Mongolia (IPOM) for the recognition of well-known trademarks if the mark meets certain requirements.
Source: GN & CO., Ltd., Mongolia
Jan 01, 2011 (Newsletter Issue 1/11)
Accession to Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) notifies that Mongolia will acceed to the Singapore Treaty with effect on March 3rd. 2011.
Source: www.wipo.int
Legal basis is the revised Law of Mongolia on Trademarks and Geographical Indications (TML), which entered into force on September 23, 2021.
Mongolia is a member of the Madrid Agreement and the Madrid Protocol and Paris Convention.
Trademark protection is obtained by registration.
Mongolia recognizes well-known marks since July 1, 2014.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, shapes, letters, numbers, three-dimensional forms, colors, sound marks, and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, certification marks and collective marks.
The application is filed at the Intellectual Property Office (IPOM).
One trademark application for one trademark.
Multiple-class applications are possible.
Foreign applicants need an authorized representative for a trademark registration.
For foreign applicants it is recommended to make domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is in 9 months, if it is required the processing time can be extended for up to 6 months.
Pursuant to provisions of the Law on Trademarks and Geographical Indications (Law), after formal examination of an application the IP office determines the filing date and publishes bibliographic data of the mark in the official journal.
Pursuant to the Law, the IP office shall perform substantive examination within 9 months from filing date, with the possibility of extending this period by 6 months if necessary.
When the IP office has issued a final decision to register a trademark and publishes it in the official journal, an interested party may submit an opposition to the Dispute Resolution Commission of the IP office within 1 year from publication date.
National:After the publication of the trademark application in the official journal, an interested party may submit an opposition to IP office within 3 months from filing date (Art. 8.10 TML), with the possibility of extending this period by 2 months (Art. 8.11 TML).
An opposition may be submitted if requirements specified in Article 5 of Law are violated. Article 5.2 of Law specifies grounds for refusal of registration:
- 1. marks that consist of, or identical with, or similar to the national emblems, flags or other State symbols of Mongolia or member countries of the Paris Convention and the WTO, or official emblems, the full or abbreviated names of Intergovernmental international organizations, or these used without the authorization of the competent authorities, organizations;
- 2. marks that consist of the full names or pseudonyms, portraits, pictures of Mongolian famous persons without the consent of those persons or their heirs;
- 3. marks identical with or similar to the Mongolian State medals, awards, other orders, or to official marks of quality and control;
- 4. marks that contain signs of opposition to social order and morality;
- 5. marks that may deceive or mislead consumers as to the nature, quality, geographical origin or other characteristics of the goods or services;
- 6. marks that are identical with a trademark registered or applied for registration in Mongolia in respect of same class of goods or services;
- 7. marks that are identical with or similar to a trademark registered or applied for registration in Mongolia in respect of similar class of goods or services, and its use may confuse or mislead consumers;
- 8. marks that are identical with or similar to a well-known trademark, regardless of class of goods or services, and its use may confuse or mislead consumers, allow to take unfair advantage, allow to gain profits, may cause damages, or may be detrimental to the reputation of the well-known trademark;
- 9. marks that evidently conflict with copyright and related rights or industrial property rights of works made public in Mongolia.
- 10. marks that are identical with or similar to geographical indication registered in Mongolia, and its use may confuse or mislead consumers in terms of the origin of the goods;
- 11. marks that are applied for registration with the aim of obtaining an unfair advantage (applications made in bad faith).
Also with regards to a registered trademark, an opposition may also be submitted if:
- - a trademark is registered in a contracting state to the Paris Convention in the name of trademark owner's representative or distributor without the consent of the trademark owner,
- - a trademark owner has not used the trademark for five years without a valid reason.
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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereAs of July 1, 2021, the official fee for filing a trademark application is MNT 50,000 for up to 3 classes and MNT 5,000 for each additional class in paper. The issuance of trademark certificate is MNT 30,000.
Currency Converter (Source for exchange-rates:
currencyapi.com)
Find out how much this is in your own currency and convert!
Practical details on trademark licensing are available in our publication
hereOnline 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
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Nov 14, 2024
S&O Central Asia, Ulaanbaatar, Mongolia