The current trademark regulations in Afghanistan are mainly based on the Trademark Law, which came into effect on September 1, 2009. The Central Commercial Registration and Intellectual Property Office of Afghanistan is responsible for managing trademark affairs, and the official language is Pashto. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Afghanistan follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". Afghanistan is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and a member of the Madrid Protocol. Therefore, trademark registration can be handled through either the "single country registration" or the "Madrid International Registration" method.
The Afghan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with no grace period; The renewal is valid for 10 years. The invalidation or revocation application after trademark registration can generally be filed based on the following reasons: 1. Violating relevant laws and regulations; 2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
At present, the Afghan Trademark Registration Office adopts the Nice classification for describing goods and services, and does not accept goods related to alcohol in Class 33 and Class 32. After March 11, 2016, only one table and one class applications are accepted. The elements that can be registered as trademarks in Afghanistan include: text, name, graphics, advertising, three-dimensional identification, packaging, etc. If the applicant does not reside in Afghanistan, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific product/service items; 3. Name and address of the applicant; 4. Power of attorney for notarization and authentication; 5.If priority is declared, priority proof documents and translations must be provided. The main process for applying for registration of an Afghan trademark is: application examination announcement approval issuance. After about one week of application submission, the application will be accepted. The Afghan Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the examination is approved, an announcement will be arranged, and within 30 days from the date of announcement, objections can be raised to the announced trademark. The objection notice will be delivered to the trademark applicant within 15 days. If the applicant does not voluntarily withdraw the trademark application within 30 days after receiving the objection notice, the objector must submit the objection to the commercial court within 60 days, during which the trademark examination will be suspended; Otherwise, the opposed trademark will be approved for registration. In a smooth situation, trademark registration in Afghanistan takes about 1 and a half years; If there are any objections or rejections encountered during the process, the time will be extended.
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