Trademarks Law in Afghanistan
Hereโs an overview of Trademark Law in Afghanistan:
๐ Legal Framework in Afghanistan
1. Primary Law
Industrial Property Law of Afghanistan (2016)
This is the main legislation governing trademarks, patents, and industrial designs in Afghanistan. It was enacted to modernize IP protection and align with international standards.
๐ก๏ธ Trademark Protection
What Can Be Registered?
Signs capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos and symbols
Three-dimensional shapes
Sounds (in some cases)
Colors or combinations of colors
โ๏ธ Rights Granted
Exclusive right to use the trademark in connection with the registered goods/services
Right to prevent unauthorized use or imitation
Right to license or assign the trademark
๐ Duration of Protection
Initial registration term: 10 years
Renewable indefinitely for further 10-year periods upon payment of fees
๐ International Treaties
Afghanistan is a member of:
World Intellectual Property Organization (WIPO)
Paris Convention for the Protection of Industrial Property
However, Afghanistan is not a member of the Madrid Protocol for international trademark registration
๐๏ธ Administration
The Afghanistan Industrial Property Department (AIPD), under the Ministry of Commerce and Industries, administers trademark registrations.
Applications are examined for distinctiveness and compliance.
Publication and opposition periods are part of the process.
๐ Enforcement
Trademark owners can enforce their rights through:
Administrative actions
Civil lawsuits for infringement and damages
Criminal penalties for counterfeiting and piracy
Additional Notes
Trademark registration is not mandatory but provides stronger legal protection.
Well-known marks receive additional protection even if unregistered.
The law allows for the registration of collective and certification marks.
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