Trademarks Law in Uzbekistan
Trademark law in Uzbekistan is governed by the Law of the Republic of Uzbekistan on Trademarks, Service Marks, and Appellations of Origin of Goods. The Intellectual Property Agency of Uzbekistan (IPAU) is the primary authority responsible for trademark registration and enforcement.
πΊπΏ Trademark Registration Process in Uzbekistan
1. Eligibility and Application
Who Can Apply: Both legal entities and individuals engaged in entrepreneurial activities in Uzbekistan.
Application Submission: Applications must be filed through a registered trademark attorney in Uzbekistan. Foreign applicants are required to appoint a local representative.
Required Documents:
Clear representation of the trademark
List of goods and services (Nice Classification)
Applicant's details
Power of Attorney (signed)
Proof of payment of application fees
2. Examination Process
Formal Examination: Conducted to verify that the application complies with legal requirements. This includes checking the completeness of documents and payment of fees.
Substantive Examination: Assesses the distinctiveness of the trademark and its compliance with public order and morality. This process typically takes 6β12 months.
Opposition: There is no formal opposition period. However, third parties may submit observations during the examination process.
3. Registration and Certificate
Upon successful examination, the trademark is registered, and a Certificate of Registration is issued. The registration is valid for 10 years from the filing date and can be renewed indefinitely for successive 10-year periods.
β³ Duration and Renewal
Processing Time: Approximately 12β19 months from filing to registration.
Renewal:
Standard Renewal: Can be filed within 12 months before the expiration date.
Late Renewal: Possible within a 6-month grace period after expiration, subject to additional fees.
π Use Requirement and Cancellation
Use Requirement: A trademark must be used within 5 years from the registration date. Non-use for this period may lead to cancellation.
Cancellation: Any interested party can file a cancellation request with the court if the trademark has not been used for 5 consecutive years.
π International Protection
Uzbekistan is a member of the Madrid Protocol, allowing for international trademark protection. Applications for international registration can be filed through the IPAU.
βοΈ Enforcement and Legal Remedies
Trademark owners in Uzbekistan have the right to take legal action against infringement. Remedies include:
Injunctions: Court orders to stop infringing activities.
Damages: Compensation for losses suffered due to infringement.
Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the trademark.
Criminal Offenses: Trademark infringement may constitute a criminal offense under Uzbek law, with penalties including fines and imprisonment.
β Summary
Registration Authority: Intellectual Property Agency of Uzbekistan (IPAU)
Application Process:
Conduct a trademark search
File application through a registered trademark attorney
Undergo formal and substantive examinations
No formal opposition period; third-party observations allowed
Issuance of registration certificate
Duration:
Processing time: 12β19 months
Registration validity: 10 years
Renewal: Every 10 years
Use Requirement: Non-use for 5 consecutive years may lead to cancellation
International Protection: Available through the Madrid Protocol
Enforcement: Legal actions available for infringement
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