Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Tajikistan 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 Tajikistan, 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, it is possible to order a professional trademark search.
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 to be claimed (may be filed to the Tajik Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization and notarization are not required (may be filed to the Tajik Trademark Office within 1 month after filing).
Trademark registration procedure
The Tajik trademark application undergoes formal examination within about 1-2 months after filing. If the application meets filing requirements, corresponding notification is issued, after which the application passes to substantive examination, which is conducted within about 10-12 months. 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 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 15 months in Tajikistan.
Foreign applicants must be represented by a registered Tajik trademark attorney
Possible oppositions and cancellation requests
Opposition period against trademark application is not stipulated in Tajikistan. However, an informational letter containing arguments against trademark registration can be filed to the Trademark Office within the whole examination period, in order to draw examiner's attention to non-compliance of the applied mark with protectability requirements.
Interested parties may also file cancellation requests after trademark registration, namely:
- cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
- cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
- cancellation based on non-use may be filed to the Appeal Board. The grace period is 3 years from registration.
Trademark validity and renewal
A trademark is valid for 10 years from the date of filing and can be further renewed every 10 years. It is possible to apply for a 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 of a stipulated fine. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
Required documents: signed Power of Attorney.
Frequently asked questions
- Can I file a trademark application to Tajikistan by myself?According to the Tajik legislation, only legal bodies and private entities of Tajikistan 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 Tajikistan?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?Please contact us to order a service of a preliminary trademark search.
- Can a multi class trademark application be filed in Tajikistan?Yes, according to the legislation of Tajikistan 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 as well.
- What is the cost of a trademark registration?The cost of a trademark registration in Tajikistan depends on two factors, namely the number of classes in which the registration is required and is it a colour or a black and white mark to be published. Please contact us for more detailed information.
- Can a trademark registration procedure be accelerated in Tajikistan?Yes, a trademark registration procedure may be accelerated by ordering corresponding service in the Trademark Office. Thus, the Trademark Office will conduct a substantive examination and issue a decision in a short time frame, namely within approximately 4 months. In case of positive decision, the official registration fee is to be paid, after which the registration certificate is issued.
- What is a non-use cancellation?According to the legislation of Tajikistan, a third party may file a request for partial or total cancellation of a mark that has not been used by the holder for a period of any three years of registration.
- How many times can a trademark be renewed in Tajikistan?Trademarks in Tajikistan may be renewed every 10 years as many times as needed upon payment of corresponding fee.
Please contact us for more information about trademark registration or quotation for filing and prosecution of a trademark application in Tajikistan.