Trademarks Law in Turkmenistan
Certainly! Here's an overview of Trademark Law in Turkmenistan:
Trademark Law in Turkmenistan
Legal Framework
Trademark protection in Turkmenistan is primarily governed by the Law on Trademarks, Service Marks, and Appellations of Origin, adopted in 2011.
The State Service for Intellectual Property (DSMI) under the Ministry of Economy and Development is responsible for trademark registration and administration.
Turkmenistan is a member of the Paris Convention and complies with the TRIPS Agreement but is not currently a member of the Madrid Protocol.
The trademark system follows a national registration approach.
Key Features
1. What Can Be Registered?
Signs capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, symbols, images
Shapes, colors (if distinctive)
Combination of the above elements
2. Types of Trademarks
Individual trademarks
Collective marks
Certification marks
Service marks
3. Registration Process
Application filed with the State Service for Intellectual Property (DSMI).
Formal examination for compliance.
Substantive examination to check distinctiveness and conflicts with prior marks.
Accepted applications are published in the Official Gazette.
Opposition period: Typically 3 months from publication.
After opposition period, if no successful opposition, the trademark is registered.
4. Duration and Renewal
Registration is valid for 10 years from the filing date.
Renewable indefinitely for additional 10-year periods.
Renewal must be applied for before expiry.
5. Rights Conferred
Exclusive rights to use the trademark in Turkmenistan.
Right to prevent unauthorized use or infringement.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Enforcement through civil courts.
Remedies include injunctions, damages, and destruction of infringing goods.
Criminal penalties may apply for counterfeiting.
Customs authorities may assist in border enforcement.
7. International Treaties
Member of:
Paris Convention
TRIPS Agreement
Not a member of the Madrid Protocol (international registration system).
International protection is obtained through national filings.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Law on Trademarks, Service Marks, Appellations of Origin (2011) |
| Registration Authority | State Service for Intellectual Property (DSMI) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, TRIPS; not Madrid Protocol |
| Enforcement | Civil and criminal remedies; customs support |
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