Trademarks Law in Armenia
Armenia's trademark law is governed by the Law No. HO-59-N on Trademarks, which was adopted on April 29, 2010, and entered into force on July 1, 2010. This legislation replaced the previous Law on Trademarks, Service Marks, and Appellations of Origin (2000) and introduced significant reforms to align with international standards, including the Paris Convention, the Madrid Agreement, and the TRIPS Agreement. (WIPO, World Trademark Review)
📚 Scope of Protection
Armenia's trademark law provides protection for:
Trademarks: Signs capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Service Marks: Marks used to distinguish services rather than goods.
Collective Marks: Marks used by members of a collective group to indicate membership.
Certification Marks: Marks used to certify the characteristics of goods or services, such as quality or origin.
The law also recognizes the protection of well-known marks, even if they are not registered in Armenia. Additionally, it includes provisions for the protection of geographical indications and industrial designs. (WIPO)
📝 Registration Process
The registration process in Armenia involves several steps:
Application Filing: Applications must be filed with the Intellectual Property Agency of Armenia (IPAA). The application can be submitted in Armenian and must include:
A clear representation of the trademark.
A list of goods and services classified according to the Nice Classification.
The applicant's details and, if applicable, a power of attorney.(WIPO Lex, WIPO)
Examination: The IPAA conducts a formal and substantive examination to assess compliance with legal requirements and to check for conflicts with existing trademarks.
Publication: If the application passes examination, it is published in the Official Gazette. Third parties have a period (typically two months) to oppose the registration. (WIPO Lex, Global Practice Guides)
Registration: If no opposition is filed or if any opposition is resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
The exclusive rights conferred by a registered trademark in Armenia last for 10 years from the filing date. These rights can be renewed indefinitely for successive 10-year periods, provided that the renewal fees are paid and the trademark is in use.
⚖️ Enforcement and Infringement
Trademark owners in Armenia have the exclusive right to:
Use the registered trademark.
Prohibit unauthorized use by third parties.
Take legal action against infringement, including civil and administrative remedies.
Infringement can lead to various sanctions, including:
Civil lawsuits for damages.
Administrative fines.
Criminal penalties in cases of willful infringement.
The law also provides for the cancellation of a trademark if it becomes generic, is not used for a certain period, or is found to be misleading.
🌐 International Treaties
Armenia is a member of several international treaties that facilitate the protection of trademarks:
Paris Convention for the Protection of Industrial Property.
Madrid Agreement Concerning the International Registration of Marks.
Protocol Relating to the Madrid Agreement.
World Trade Organization (WTO), adhering to the TRIPS Agreement.
These memberships allow Armenian trademark owners to seek protection in other member countries and vice versa.
🏛️ Administrative Authority
The Intellectual Property Agency of Armenia (IPAA) is the national authority responsible for the administration and enforcement of trademark laws in Armenia. The IPAA handles applications, examinations, registrations, and maintains the national trademark register.
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