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 Jun 20, 2019 (Newsletter Issue 8/19)
Changes to Trademark Law
Amendments to the Tajik law on trademarks entered into force on January 2, 2019.
The Tajik IPO now publishes in its Official Gazette information on pending trademark applications that passed the formal examination, which is carried out within a month from the date of filing. Any interested party may then submit a written opposition against the pending application between the moment of publication in the Official Gazette and the substantive examination, which is usually carried out 11 or 12 months after the formal examination. Before the new law, the Tajik IPO only published information on registered trademarks, while written oppositions were not officially provided for in the law.
Trademarks will not be registered if they are identical or confusingly similar to, or contain elements that are identical or confusingly similar to:
- Religious symbols;
- Flag, emblem or other state symbols;
- Abbreviated or full names of international, intergovernmental organizations, their emblems, flags and other symbols;
- Official control and guarantee marks, hallmarks, seals, and other marks or insignia (these elements may be included with a trademark disclaimer, if the applicant has the consent of the authorized bodies)
- Industrial designs registered in Tajikistan before the priority date of the trademark in question.
The previous version of the law only stipulated that “generally accepted symbols and marks” could not be registered.
Finally, if a trademark registration expires and a renewal request has not been filed, the trademark will not be re-registered for a period of one year from the date of expiration in the name of a person other than the previous rights holder or legal successor (this period used to be three years).
Source: www.petosevic.com
Mar 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
May 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
The legal basis is the Trademark Act of March 5, 2007 (last modified on January 02, 2019).
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, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, phrases or slogans, devices, three-dimensional forms, colours, sounds and any combination of the mentioned signs.
The following trademark types are registrable: trademarks (goods and/or services) and collective marks.
The application is filed with the 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, a substantive examination (on absolute and relative grounds). 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 Official Gazette.
National:No opposition period. An observation can be filed by any person before the examination is completed. After the mark is granted protection it may be opposed before the Board of Appeal or before the Court, depending on the legal grounds.
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
hereThe official application fee is TJS 2,013.53 for one class and TJS 833.33 for each additional class.
Registration fee is TJS 1,728.71. The publication fee is for a black-and-white trademark TJS 1,368.80 and for a colour trademark TJS 2,053.20, entering English text into certificate TJS 154.40.
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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
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