New Trademark Law in Armenia Enters into Force July 1

The Armenian Parliament has recently adopted the new Law on Trademarks, which is to enter into force on July 1, 2010. The document is a completely new piece of legislation abolishing the previous Law on Trademarks, Service Marks and Appellations of Origin from the year 2000.

The Law follows recent trademark developments and constitutes a great leap forward to a complete and comprehensive system of trademarks rights protection in Armenia.

The Law introduces a new definition of a trademark, accepting the notion of a trademark as a sign capable of being represented graphically and used to distinguish goods and/or services of one rights holder from those of the other. At the same time the Law broadens the list of signs that can be registered as trademarks by adding holograms and colors or combination of colors to the trademarks defined by the current legislation. The list of signs to be registered as trademarks remains exclusive.

As for the relative grounds for the refusal of trademark applications or revocation of registered trademarks, the Law introduces protection for trademarks with reputation in Armenia for goods and/or services that are not identical or similar to goods and/or services for which the reputed trademark is registered (dilution provision). The law also introduces protection against applications filed in bad faith.

One of the most important developments of the new Law is the opposition procedure prescribed by Articles 44 and 46, according to which all new trademark applications are to be published in the PTO’s Official Gazette after which any third party can file a remark or opposition within two months from the publishing date.

The new Law abolishes mandatory registration of trademark licenses and assignment agreements. According to the new law, a trademark license or an assignment agreement becomes effective with respect to third parties from the date of its registration with the PTO registry.

For more information, please contact Taras Kulbaba or Elena Zubenko.

Source: PETOSEVIC