Q&A on Trademark Regulation in Armenia

HAP LLC | View firm profile

Disclaimer: The information provided in this Q&A is accurate as of February 29, 2024, and is intended for general informational purposes only. It is not intended as legal advice and should not be relied upon as such.

For personalized legal advice tailored to your specific situation, please contact us. Our team can provide you with the latest information and legal insights to help you navigate the complexities of trademark law.

  1. Legal Framework and Definition:

A. What primary legal acts and statutes govern trademarks in Armenia, defining the legal framework for trademark registration and protection

In Armenia, trademarks are primarily governed by the Law of the Republic of Armenia (RA) on Trademarks. This law sets out the legal framework for the registration, protection, and enforcement of trademarks in Armenia. Trademark legislation in Armenia includes the Constitution of the RA, the Civil Code of the RA, and other relevant legal acts.

Additionally, Armenia is a member of the Eurasian Economic Union (EAEU), so EAEU regulations and agreements also play a role in trademark matters within the union.

B. How does Armenian law specifically define a trademark, outlining the essential elements and criteria necessary for trademark recognition? 

In Armenian law, a trademark is defined as any sign capable of being graphically represented, including words, designs, letters, numerals, colors, figurative elements, or any combination thereof. The key criterion for trademark recognition is the sign’s ability to distinguish the goods or services of one undertaking from those of others. To be eligible for registration, a trademark must be distinctive, not contrary to public order or morality, and not deceptive or likely to mislead the public. Additionally, trademarks may include three-dimensional images, holograms, sound signals, and other non-traditional marks, as long as they meet the criteria for graphical representation and distinctiveness.

  1. Who can apply for trademark registration in Armenia? How is trademark registration carried out in Armenia, and who is responsible for it?

A trademark can be registered in the name of a legal entity, a natural person, or an individual entrepreneur.

Trademark registration in Armenia is carried out by the state authorized body, which is the Intellectual Property Office of the RA Ministry of Economy (AIPO). The application for trademark registration can be submitted by the applicant directly or through their representative.

  1. Can a foreign entity or individual apply for trademark registration in Armenia?

Yes, foreign entities and individuals can apply for trademark registration in Armenia. They may choose to file directly with the AIPO or through an agent authorized to represent them.

  1. What are the key steps involved in the state registration of a trademark in Armenia?

The key steps involved in the state registration of a trademark in Armenia includes:

    • Submission of trademark application to the Intellectual Property Office.
    • Preliminary examination within 10 working days after setting the date of submission of the application.
    • Publication of the application in the official gazette “Industrial Property” within 15 working days after the decision to publish.
    • Examination of the merits of the application within three months from the date of publication.
    • Checking for absolute and relative grounds for refusal.
    • Decision to register or partially register the trademark.
    • Issuance of a certificate.
  1. What is the significance of the preliminary examination in the trademark registration process in Armenia?

It determines whether the application meets the basic formal requirements and is complete.     If the application passes the preliminary examination, a decision is made to publish the application and proceed with the examination of the merits.

  1. Is it possible to expedite or accelerate the registration process for trademarks?

No, the registration process for trademarks in Armenia cannot be accelerated.

  1. What is the duration of trademark protection in Armenia?

Trademark protection in Armenia is initially granted for a period of 10 years from the filing date, renewable indefinitely for subsequent 10-year periods upon payment of the renewal fees.

  1. How does trademark registration in Armenia compare to registration in other countries?

The trademark registration process in Armenia is generally similar to that in other countries, as it follows the international standards set out in the Paris Convention and the TRIPS Agreement. However, there may be some differences in the specific requirements and procedures.

  1. What is the role of the Armenian Intellectual Property Office in trademark registration?

The Armenian Intellectual Property Office (AIPO) is responsible for the registration and protection of trademarks in Armenia. It examines trademark applications, publishes approved trademarks in the Official Gazette, and maintains the trademark register.

  1. How are trademark disputes resolved in Armenia?

Trademark disputes in Armenia can be resolved through administrative procedures at the AIPO or through court proceedings. The AIPO can cancel or invalidate trademarks, and the courts can issue injunctions, damages, and other remedies in trademark infringement cases.

  1. What is the cost involved in trademark registration in Armenia?

The cost of trademark registration in Armenia varies depending on factors such as the number of classes of goods or services, the complexity of the mark, and whether any additional services, such as a trademark search or legal representation, are required.

  1. Can a trademark registered in Armenia be protected in other countries?

Yes, trademark protection in Armenia is territorial, meaning it is only valid within Armenia’s borders. However, Armenia is a signatory to international treaties such as the Madrid Protocol, which allows for the extension of trademark protection to other member countries.

  1. Are there any specific requirements for the use of a trademark in Armenia?

Trademarks in Armenia must be used within three years of registration, otherwise, they may be subject to cancellation for non-use. The use of the trademark must also be genuine and not merely token use to maintain registration.

  1. Is it necessary to conduct a trademark search before filing an application in Armenia?

While not mandatory, conducting a trademark search before filing an application in Armenia is highly recommended to ensure that the mark is available for registration and does not infringe existing trademarks.

  1. How does the registration of a trademark in Armenia benefit the trademark owner?

Registration of a trademark in Armenia grants the owner exclusive rights to use the mark in connection with the specified goods or services, providing legal protection against unauthorized use by others.

  1. Are there any notable recent developments or changes in Armenian trademark law?

Recent developments in Armenian trademark law include amendments to the Law on Trademarks to align with international standards and improve trademark protection. These changes aim to enhance the efficiency of trademark registration and enforcement in Armenia.

Top of Form

  1. Can the holder of a trademark refuse the trademark for certain goods or services?

Yes, the right holder of a trademark can refuse the trademark for all the goods and (or) services or a part of them, for which the given trademark is registered.

How is the renunciation of a trademark carried out?

  1. How is the renunciation of a trademark carried out?

The renunciation of a trademark is carried out by the owner of the trademark or his authorized person by submitting a written application to the state authorized body. The rights to the trademark cease from the date of entering the information on the refusal of the trademark into the state register.

  1. What happens if there is a license agreement in place for the trademark?

In the case of registration of a license agreement, information on the renunciation of the trademark is entered in the state register if the trademark owner provides evidence that he notified the licensee of the renunciation of the trademark.

  1. Can the rights to a registered trademark be transferred to another person?

Yes, the rights to a registered trademark may be transferred to another person in whole or in part by succession or by contract by the right holder (applicant), regardless of the transfer of rights to the right holder (applicant) legal entity.

  1. Can the rights to a registered trademark be transferred for only certain goods or services?

Yes, rights to a registered or declared trademark may be transferred to all goods and (or) services or a part of them for which it is registered or declared.

  1. When does the new legal status of the trademark due to the transfer of rights become valid for third parties?

The new legal status of the trademark is valid for third parties from the date of the corresponding registration.

  1. What is the timeline for registering the transfer of trademark rights?

Within seven working days after receiving the documents, AIPO carries out examination and, in case of meeting the requirements of the Law, registers the transfer of rights.

  1. Can trademark rights be used as collateral for secured rights?

Yes, trademark rights may be subject to secured rights in accordance with the law, allowing them to be used as collateral or have restrictions applied to them.

  1. Is it possible to submit a trademark application in Armenia in electronic format?

Yes, a trademark application in Armenia can be submitted in electronic format, either directly by the applicant or through their representative based on a power of attorney.

Top of Form

  1. What is the difference between a trademark and a trademark of the Eurasian Economic Union?

A trademark is granted legal protection on the territory of a single State based on state registration in the national patent office.

For example, a trademark may be granted legal protection on the territory of the Armenia by state registration.

The trademark of the Eurasian Economic Union is granted legal protection simultaneously in all Member States of the Eurasian Economic Union (Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia) by submitting one application to any of the national patent offices of the Member States of the Eurasian Economic Union.

  1. What rights does a right holder of a trademark of the Eurasian Economic Union have?

The right holder of the trademark of the Eurasian Economic Union has the exclusive right to use the trademark of the Eurasian Economic Union in accordance with the legislation of the Member States, and is entitled to dispose of this exclusive right, and to prevent other persons from using the trademark of the Union or a designation similar to it to the point of confusion in relation to homogeneous goods and/or services.


More from HAP LLC