Trademarks Law in Tajikistan

Trademark law in Tajikistan is governed by the Law of the Republic of Tajikistan No. 234 of March 5, 2007, on Trademarks and Service Marks, as amended by Law No. 858 of July 3, 2012. This legislation outlines the procedures for trademark registration, protection, and enforcement within the country .

📝 Trademark Registration Process

1. Filing the Application

Trademark applications must be submitted to the National Center for Patents and Information (NCPI) of Tajikistan. The application should include:

A clear representation of the trademark

A list of goods and services classified according to the Nice Classification

A Power of Attorney (simply signed)

Documents confirming payment of state fees

For legal entities, copies of founding documents

The application is subject to a formal examination to verify compliance with statutory requirements 

2. Examination and Publication

After the formal examination, a substantive examination is conducted to assess the distinctiveness of the trademark and its similarity to existing marks. If the application passes both examinations, the trademark is published in the Official Gazette. There is no official opposition period; however, third parties may submit informal objections during the examination period 

3. Registration and Certificate Issuance

If no objections are raised or they are resolved in favor of the applicant, the trademark is registered, and a certificate of registration is issued. The entire process typically takes 16 to 25 months

⏳ Duration and Renewal

Validity: A registered trademark is valid for 10 years from the filing date.

Renewal: Renewal applications can be filed within 12 months before the expiration date, with a 6-month grace period available upon payment of a fine. Reinstatement of a lapsed trademark is not possible after the grace period .

📌 Use Requirement and Cancellation

A trademark may be subject to cancellation if it has not been used within 3 continuous years after registration. Any interested party can file a cancellation request with the Appeal Board after this period

🌍 International Protection

Tajikistan is a member of the Madrid Agreement and the Protocol Relating to the Madrid Agreement. This allows for the international registration of trademarks through the World Intellectual Property Organization (WIPO). Applications for international registration can be filed through the NCPI .

⚖️ Enforcement and Legal Remedies

Trademark owners in Tajikistan can protect their rights through:

Civil Actions: Filing lawsuits in court for infringement.

Administrative Measures: Submitting complaints to the Antimonopoly Service or the Department for Combating Economic Crimes of the Ministry of Internal Affairs .

Criminal Prosecution: In cases of severe infringement, criminal charges may be pursued.

✅ Summary

Registration Authority: National Center for Patents and Information (NCPI)

Application Language: Russian or Tajik

Examination Process: Formal and substantive examinations

Opposition Period: No official opposition; informal objections may be submitted during examination(

Validity: 10 years, renewable indefinitely

Use Requirement: Non-use for 3 consecutive years may lead to cancellation

International Protection: Available through the Madrid System

Enforcement: Through civil, administrative, and criminal measures

 

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