Trademarks Law in Mongolia
Here’s an overview of trademark law in Mongolia:
🇲🇳 Trademark Law in Mongolia
🔹 Governing Law
Trademark protection in Mongolia is governed primarily by the Law on Trademarks and Geographical Indications of Mongolia, last updated in 2019.
The law is administered by the Intellectual Property Office of Mongolia (IPOM).
Mongolia is a member of key international IP treaties:
The Paris Convention
The Madrid Protocol (joined in 2007)
The TRIPS Agreement (as a WTO member)
🔹 What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, shapes, colors
Sounds and holograms (if graphically representable)
Collective marks and certification marks
🔹 Registration Process
Application: File with IPOM including representation of the trademark and list of goods/services.
Formal Examination: Checks completeness and formality.
Substantive Examination: Checks distinctiveness, prior conflicts, and compliance.
Publication: Application is published for opposition (usually 3 months).
Registration: Issued if no opposition or after opposition is resolved.
🔹 Duration and Renewal
Registration is valid for 10 years from the filing date.
Renewable indefinitely in 10-year periods upon payment of fees.
🔹 Use Requirement and Cancellation
A trademark may be canceled if not used for 3 consecutive years without valid reason.
Cancellation can be requested by third parties.
🔹 Rights Granted
Exclusive right to use the trademark on the registered goods/services.
Right to prevent unauthorized use, imitation, or counterfeiting.
Rights to license, assign, or transfer the trademark.
🔹 Enforcement
Trademark owners may enforce their rights in Mongolian courts.
Remedies include injunctions, damages, and destruction of infringing goods.
Customs enforcement is available to prevent import/export of counterfeit goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Madrid Protocol | Member (2007) |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Law on Trademarks and GI (2019) |
| Authority | Intellectual Property Office of Mongolia (IPOM) |
| Duration | 10 years, renewable |
| Registration | Required |
| Use requirement | 3 years’ non-use = cancellation possible |
| Enforcement | Courts, customs |
| International treaties | Paris, Madrid, TRIPS |
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