Disclaimer: The information provided in this Q&A is accurate as of February 29, 2024, and is intended for general informational purposes only. It is not intended as legal advice and should not be relied upon as such.

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A. What primary legal acts and statutes govern trademarks in Armenia, defining the legal framework for trademark registration and protection․

In Armenia, trademarks are primarily governed by the Law of the Republic of Armenia (RA) on Trademarks. This law sets out the legal framework for the registration, protection, and enforcement of trademarks in Armenia. Trademark legislation in Armenia includes the Constitution of the RA, the Civil Code of the RA, and other relevant legal acts.

Additionally, Armenia is a member of the Eurasian Economic Union (EAEU), so EAEU regulations and agreements also play a role in trademark matters within the union.

B. How does Armenian law specifically define a trademark, outlining the essential elements and criteria necessary for trademark recognition? 

In Armenian law, a trademark is defined as any sign capable of being graphically represented, including words, designs, letters, numerals, colors, figurative elements, or any combination thereof. The key criterion for trademark recognition is the sign's ability to distinguish the goods or services of one undertaking from those of others. To be eligible for registration, a trademark must be distinctive, not contrary to public order or morality, and not deceptive or likely to mislead the public. Additionally, trademarks may include three-dimensional images, holograms, sound signals, and other non-traditional marks, as long as they meet the criteria for graphical representation and distinctiveness.

A trademark can be registered in the name of a legal entity, a natural person, or an individual entrepreneur.

Trademark registration in Armenia is carried out by the state authorized body, which is the Intellectual Property Office of the RA Ministry of Economy (AIPO). The application for trademark registration can be submitted by the applicant directly or through their representative.

Yes, foreign entities and individuals can apply for trademark registration in Armenia. They may choose to file directly with the AIPO or through an agent authorized to represent them.

The key steps involved in the state registration of a trademark in Armenia includes:

It determines whether the application meets the basic formal requirements and is complete.     If the application passes the preliminary examination, a decision is made to publish the application and proceed with the examination of the merits.

No, the registration process for trademarks in Armenia cannot be accelerated.

Trademark protection in Armenia is initially granted for a period of 10 years from the filing date, renewable indefinitely for subsequent 10-year periods upon payment of the renewal fees.

The trademark registration process in Armenia is generally similar to that in other countries, as it follows the international standards set out in the Paris Convention and the TRIPS Agreement. However, there may be some differences in the specific requirements and procedures.

The Armenian Intellectual Property Office (AIPO) is responsible for the registration and protection of trademarks in Armenia. It examines trademark applications, publishes approved trademarks in the Official Gazette, and maintains the trademark register.

Trademark disputes in Armenia can be resolved through administrative procedures at the AIPO or through court proceedings. The AIPO can cancel or invalidate trademarks, and the courts can issue injunctions, damages, and other remedies in trademark infringement cases.

The cost of trademark registration in Armenia varies depending on factors such as the number of classes of goods or services, the complexity of the mark, and whether any additional services, such as a trademark search or legal representation, are required.

Yes, trademark protection in Armenia is territorial, meaning it is only valid within Armenia's borders. However, Armenia is a signatory to international treaties such as the Madrid Protocol, which allows for the extension of trademark protection to other member countries.

Trademarks in Armenia must be used within three years of registration, otherwise, they may be subject to cancellation for non-use. The use of the trademark must also be genuine and not merely token use to maintain registration.

While not mandatory, conducting a trademark search before filing an application in Armenia is highly recommended to ensure that the mark is available for registration and does not infringe existing trademarks.

Registration of a trademark in Armenia grants the owner exclusive rights to use the mark in connection with the specified goods or services, providing legal protection against unauthorized use by others.

Recent developments in Armenian trademark law include amendments to the Law on Trademarks to align with international standards and improve trademark protection. These changes aim to enhance the efficiency of trademark registration and enforcement in Armenia.

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Yes, the right holder of a trademark can refuse the trademark for all the goods and (or) services or a part of them, for which the given trademark is registered.

How is the renunciation of a trademark carried out?

The renunciation of a trademark is carried out by the owner of the trademark or his authorized person by submitting a written application to the state authorized body. The rights to the trademark cease from the date of entering the information on the refusal of the trademark into the state register.

In the case of registration of a license agreement, information on the renunciation of the trademark is entered in the state register if the trademark owner provides evidence that he notified the licensee of the renunciation of the trademark.

Yes, the rights to a registered trademark may be transferred to another person in whole or in part by succession or by contract by the right holder (applicant), regardless of the transfer of rights to the right holder (applicant) legal entity.

Yes, rights to a registered or declared trademark may be transferred to all goods and (or) services or a part of them for which it is registered or declared.

The new legal status of the trademark is valid for third parties from the date of the corresponding registration.

Within seven working days after receiving the documents, AIPO carries out examination and, in case of meeting the requirements of the Law, registers the transfer of rights.

Yes, trademark rights may be subject to secured rights in accordance with the law, allowing them to be used as collateral or have restrictions applied to them.

Yes, a trademark application in Armenia can be submitted in electronic format, either directly by the applicant or through their representative based on a power of attorney.

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A trademark is granted legal protection on the territory of a single State based on state registration in the national patent office.

For example, a trademark may be granted legal protection on the territory of the Armenia by state registration.

The trademark of the Eurasian Economic Union is granted legal protection simultaneously in all Member States of the Eurasian Economic Union (Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia) by submitting one application to any of the national patent offices of the Member States of the Eurasian Economic Union.

The right holder of the trademark of the Eurasian Economic Union has the exclusive right to use the trademark of the Eurasian Economic Union in accordance with the legislation of the Member States, and is entitled to dispose of this exclusive right, and to prevent other persons from using the trademark of the Union or a designation similar to it to the point of confusion in relation to homogeneous goods and/or services.