New Trademark Law

A new Law on Trademarks came into force on June 19, 2019 in Turkmenistan.  The most salient features of the new law are noted below:

1. Definition of Trademark: The definition of "trademark" has been expanded to include "verbal, graphic or 3D" designations of any color or color combination, or a combination of such signs, but without reference to non-traditional marks (which are likely to be rejected). Turkmenistan had not previously registered so-called non-traditional marks, with the exception of color marks, in that color combinations were perceived as figurative and thus were registered under prior practice. In the current context, however, non-traditional marks are viewed as those that are not "visually perceived," such as sound, taste and smell. Under the new law, such marks are likely to still be rejected. That said, the new law does not exclude registration of colors (most likely in combination with graphic elements) as well as three-dimensional marks.