A trademark is one of the main legal tools for protecting a business. It allows distinguishing the goods and services of one person from those of others, helps to build the company’s reputation, and provides the exclusive right to use the sign.
In the Republic of Armenia, trademark registration is carried out in accordance with the procedure established by law and ensures legal protection of the owner’s brand.
This article explains the main issues related to trademark registration in Armenia, including the filing procedure, stages of examination, registration time limits, and specifics of payment of official fees.
What is a trademark
A trademark is a sign used for the individualization of the goods or services of one person and for distinguishing them from the goods or services of other persons.
The following may be registered as a trademark:
words and word combinations
surnames and names
letters and numbers
images
logos
color combinations
combined signs
three-dimensional forms (in cases provided by law), etc.
A trademark may be registered in the name of:
a natural person
an individual entrepreneur
a legal entity
a foreign applicant.
Registration grants the owner the exclusive right to use the mark and to prohibit its use by other persons without permission.
Why trademark registration is necessary
Use of a sign without registration does not provide full legal protection.
Trademark registration allows:
obtaining exclusive rights to the mark
prohibiting the use of identical or confusingly similar signs by others
protecting the brand against copying
concluding license agreements
assigning rights
using the mark when entering international markets
increasing the value of the business.
Where trademark registration is carried out in Armenia
Trademark registration in Armenia is carried out by the Intellectual Property Office of the Ministry of Economy of the Republic of Armenia (hereinafter — the IP Office).
This authority conducts examination of applications, issues decisions on registration, and maintains the State Register of trademarks.
After registration, a certificate is issued.
Who may file an application
The applicant may be:
a natural person
an individual entrepreneur
a legal entity
a foreign person or company.
Foreign applicants usually file applications through a representative in the Republic of Armenia.
Filing the application
The application must contain:
request for registration
representation of the trademark
list of goods and services according to the Nice Classification
information about the applicant
document confirming payment of the official fee
power of attorney (if the application is filed through a representative)
The application may be filed:
directly with the IP Office
by mail
through the electronic filing system available on the official website of the IP Office.
The filing date is the date when the application is received by the IP Office, provided that all required documents have been submitted, including proof of payment of the official fee.
If the document confirming payment of the fee is missing, the filing date will be established only after it is submitted.
Official fee and fee reductions
The amount of the official fee is established by the legislation of the Republic of Armenia.
In cases provided by law, the applicant may be entitled to a reduction of the official fee, which may decrease the amount payable by up to 75%.
If the application is filed in the name of a legal entity and the applicant claims a fee reduction, it is necessary to submit a document (certificate) indicating the number of employees of the company as of the date of payment of the official fee.
Based on this information, the possibility of applying the fee reduction is determined.
The filing date is established only after the document confirming payment of the official fee is submitted, taking into account the applicable reduction.
Preliminary examination
After filing, the application undergoes preliminary examination.
At this stage the following is checked:
correctness of the documents
completeness of required information
presence of the fee payment document
compliance with formal requirements.
The preliminary examination is carried out within approximately 10 working days.
As a result, a decision is issued on publication of the application and the start of substantive examination.
Publication of the application and substantive examination
After the decision is issued, the application is published in the official bulletin of the IP Office.
From the date of publication, substantive examination begins and lasts three months.
During the first two months, the application remains published, and during this period third parties may file oppositions.
After the publication period expires, the IP Office completes the substantive examination and issues a final decision.
During examination the following is checked:
distinctiveness
absence of confusing similarity with earlier trademarks
compliance with the law
existence of grounds for refusal.
Decision on registration
Based on the results of examination (taking into account any oppositions), a decision is issued:
to register the trademark
to refuse registration
to register with limitations
If the decision is positive, the mark is entered into the State Register and a certificate is issued.
The term of protection is 10 years from the filing date.
Registration may be renewed an unlimited number of times.
International registration
After filing or registration in Armenia, international protection may be obtained through the Madrid System for the international registration of trademarks.
This allows protection to be obtained in multiple countries simultaneously.
Assistance with trademark registration
Preparation and prosecution of an application may include:
consultation
trademark search
preparation of the application
selection of classes
correspondence with the IP Office
replies to examination reports
international registration
If you need to register a trademark in Armenia, you may contact Avetis Peryan, an intellectual property specialist with many years of experience, including long-term work in the examination system of intellectual property applications.