The current trademark regulations in Armenia are mainly based on the Trademark Law that came into effect on July 1, 2010, and were revised in 2011 and 2014. The Armenian Trademark Office is responsible for managing trademark affairs and the official language is Armenian. 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. Armenian trademark registration follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Armenia is a party to international intellectual property treaties such as the Nice Agreement, TRIPS Agreement, WIPO Convention, Vienna Agreement, and Paris Convention. It has also joined the Madrid Agreement and Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Armenian Trademark Office adopts the 11th edition of the Nice Classification for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Armenia include: text, name, graphics, three-dimensional identification, color combination, sound, etc.
If the applicant does not reside in Armenia, 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;
5.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of an Armenian trademark is: application acceptance formal examination announcement substantive examination registration. After about one week of application submission, the Armenian Trademark Office will conduct a formal examination. If the examination fails, a notice of correction will be issued and the applicant will be required to respond within the time limit specified in the notice of correction; Once the formal review is approved, an announcement will be made, and a two month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Common name;
7. Geographical indications;
8. Unauthorized use of logos;
9. Violating public order and good customs.
If there is no objection or the objection is not established during the announcement period, the Trademark Office will conduct substantive examination of the trademark, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the examination, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
In a smooth situation, trademark registration in Armenia takes about one year. If there are any objections or rejections encountered during the process, the time will be extended.
The Armenian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; 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 has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.