Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Turkmenistan 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 Turkmenistan, 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 Turkmen Trademark Office within three months from the filing date);
- Signed and stamped Power of Attorney, in case seal/stamp is not available POA should be notarized (may be filed to the Turkmen Trademark Office within two months from the filing date).
Trademark registration procedure
After the completion of filing, the official notification of the receipt of the application is issued within approximately 3 months. Then the Turkmen trademark application undergoes substantive examination for about 11 months. On condition that the trademark meets the requirements of protectability the grant decision is issued. After payment of the registration fee the certificate of registration is issued within approximately 3 months. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 3 months.
The smooth trademark registration procedure takes approximately 16-17 months in Turkmenistan.
Foreign applicants must be represented by a registered Turkmen trademark attorney
Possible oppositions and cancellation requests
Oppositions against trademark application in Turkmenistan may be filed within the whole term of examination, provided that corresponding official fee is paid.
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 registration;
- 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 in Turkmenistan is valid for 10 years from the filing date. Validity term of trademarks filed before 5.11.2008 is 10 years from the registration date. The trademark validity term 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-months 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 Turkmenistan by myself?According to the Turkmen legislation, only legal bodies and private entities of Turkmenistan 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 Turkmenistan?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 Turkmenistan?Yes, according to the legislation of Turkmenistan 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 Turkmenistan 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 Turkmenistan?Yes, a trademark registration procedure may be accelerated by ordering corresponding service in the Trademark Office. Thus, the Trademark Office will conduct the substantive examination and issue a decision in a short time frame, namely within approximately 20 working days after completion of formal examination. 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 Turkmenistan, 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 three years before filing of cancellation request.
- How many times can a trademark be renewed in Turkmenistan?Trademarks in Turkmenistan 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 Turkmenistan.