TRADEMARK IN ARMENIA

Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Armenia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Requirements for trademark registration

According to the legislation of Armenia, designations that are similar with or identical to the trademarks previously registered or applied for registration in respect of similar goods and/or services cannot be registered.

In order to determine whether there are any similar or identical registered trademarks or filed trademark applications that may be opposed to your mark at the examination stage, please use the online trademark search tool which is available on our website or contact us to order professional trademark search.

The online trademark search in Armenia

Information and documents needed for filing

Name and address of the applicant;
Prints of the trademark;
List of goods and/or services in accordance with the Nice Classification;
Certified copies of priority documents, if priority is claimed (may be filed to the Armenian Trademark Office within three months from the filing date);
Signed and stamped Power of Attorney, legalization and notarization are required in case the POA is not stamped (may be filed to the Armenian Trademark Office within two months from the filing date).

Trademark registration procedure

A preliminary examination of a trademark application is conducted within approximately 2 months after filing. If the application meets filing requirements, it is published for a two-months opposition period in the Official Bulletin. The substantive examination is conducted within a three-month period from the publication date. In absence of opposition and on condition that a trademark meets the requirements of protectability, the decision about registration is issued, which means that the official registration fee should be duly paid to the Trademark Office. The certificate of registration is issued within approximately 2-3 months after payment of the official fee. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 2 months.

The smooth trademark registration procedure takes approximately 8-9 months in Armenia.

Foreign applicants must be represented by a registered Armenian trademark attorney

Possible oppositions and cancellation requests

Any interested party may file opposition against registration of applied designation within two months from the date of publication of the application data in the Official Bulletin.; for International Registrations - within 6 months from publication in the WIPO Gazette.

Interested parties may also file cancellation requests after trademark registration, namely:

cancellation based on relative grounds may be filed to Court within 5 years after the trademark registration;
cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark;
cancellation based on non-use may be filed to Court. The grace period is 5 years from registration.

Trademark validity and renewal

A trademark in Armenia is valid for 10 years from the filing date and can be further renewed every 10 years. It is possible to apply for a trademark renewal within 12 months before expiry of validity term. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment a stipulated fine. Reinstatement of a lapsed trademark is not possible.

Required documents:
1. Signed and stamped Power of Attorney.
2. Original Certificate of Registration (not obligatory).

In case of submission of the original Certificate of Registration the information confirming the renewal will be reflected in the Certificate. In case the original Certificate of Registration is not submitted, the Trademark Office will issue a Notification confirming the renewal.

Frequently asked questions

Can I file a trademark application to Armenia by myself?
According to the Armenian legislation, only citizens of Armenia may file trademark applications by themselves, foreign applicants should obligatory be represented by trademark attorneys.
What are the grounds for refusal in trademark registration in Armenia?
A trademark is usually refused in registration if it is similar with or identical to earlier filed or registered trademarks in respect of the same or similar goods/services, as well as in case of lack of distinctiveness or misleading character of a mark.
How can I conduct a trademark search prior to filing an application?
You may order a service of a professional search or use our free online trademark search tool, where you can conduct a search by entering mark name and class number. Please consider the following information when checking the mark name:
— different variants of spelling of the word should be checked (HERMES — ERMES, HERMEZ, etc);
— parts of the mark should be checked together and separately (MAXINORM — MAX, NORM);
— spelling of the word should be checked both in Latin and Cyrillic (Poker - Покер);
— meaning of the word should be checked in other languages (Dream — Мечта in Russian);
— synonyms and semantically similar words should also be checked (Big father — Big dad).
Can a multi class trademark application be filed in Armenia?
Yes, according to the legislation of Armenia you may file trademark applications with indication of any desired number of classes of the Nice Classification. Still please note that the amount of official fees depends on the quantity of classes.
What is the cost of a trademark registration?
The cost of a trademark registration in Armenia depends on the number of classes in which the registration is required. Please contact us for more detailed information.
Can a trademark registration procedure be accelerated in Armenia?
No, acceleration is not applicable in Armenia. A standard trademark registration procedure usually takes about 8-9 months.
What is a non-use cancellation?
According to the legislation of Armenia, a third party may file a request for total or partial cancellation of a mark that has not been used by the holder or a representative for any period of five consecutive years after registration or before filing the request.
How many times can a trademark be renewed in Armenia?
Trademarks in Armenia may be renewed every 10 years as many times as needed upon payment of corresponding fee.