Trademarks in Armenia

Overview of Trademarks in Armenia

1

Trademark Registration Procedure

Examine the full procedure for trademark registration as well as the benefits of having a trademark registered in Armenia.

2

Trademark Licensing, Assignment and Security Interests

Explore the framework for trademark licensing, assignment or transfer as well as security interests on our dedicated section.

3

Civil and Criminal Proceedings

Investigate the procedural aspects for criminal proceedings, encompassing timeframes, costs, as well as appellate litigation and remedies.

Trademark Registration Procedure

Both domestic and foreign companies and individuals can apply for trademark registration, regardless of their residency, citizenship, or existing commercial activities within Armenia's borders.

The application shall contain the following information: applicant's name and contact details, along with those of any appointed representative, a clear description of the trademark. a list of goods and services that the trademark will cover.

Trademark protection in Armenia extends to a wide range of marks used to distinguish goods and services, and these may be presented graphically. Examples include letters, numerals, words (including personal and company names), building names, word combinations, slogans, logos, images, drawings, holograms, color arrangements, symbols, or combinations of one or more of those elements.

Applications can be submitted for trademarks already in use or those not yet in use, with the option to 'claim priority' during the application process.

Armenia follows the internationally recognized Nice International Classification System, which includes 45 classes (34 for goods and 11 for services) to categorize trademarks for registration.

Protection of Famous Trademarks:

Foreign trademarks are eligible for protection in Armenia if they have been used domestically. For well-known foreign trademarks not used in Armenia, a separate list of famous trademarks is maintained by the IP Agency. To have a trademark recognized as well-known, applicants must submit a request to the IP Agency Appellate Committee, provide evidence of recognition among the Armenian public, and pay a state fee (approximately USD 600).

Even when a foreign trademark is neither used nor well-known in Armenia, it can still prevent the registration of an identical or similar trademark in Armenia if there's a likelihood of confusion, and the applicant was aware or should have been aware of the foreign trademark's existence.

It is worth noting that a sign used domestically without formal registration may still enjoy protection under unfair competition law.

Trademark Licensing, Assignment and Security Interests

Trademark Licensing:

• To ensure the validity and enforceability of a license agreement against third parties, it must be recorded with the Intellectual Property (IP) Agency.

• License agreements can specify various terms, such as whether the license is exclusive, sole, or non-exclusive. It's also possible to designate a partial license, which covers only specific goods or services associated with the trademark.

Trademark Assignment or Transfer:

• The right conferred by the registration of a trademark or a trademark application can be transferred or assigned to another person. This can apply to some or all of the goods or services for which the trademark is protected.

• Similar to license agreements, the assignment or transfer must be recorded with the IP Agency to be valid and enforceable against third parties.

• The business previously associated with the trademark does not necessarily have to be transferred along with the trademark itself.

Requirements for Assignment:

• To register the assignment, a written assignment document signed by the assignor (previous owner) is necessary. Notarization or legalization is not required.

• The assignment document should be translated into Armenian, and a state fee of approximately $150 is payable.

• Failure to register the assignment can render it unenforceable not only against innocent third parties but also against both the assignor and the assignee.

• The IP Agency typically has one month to examine the documentation and complete the registration process.

Security Interests:

• Armenian law recognizes security interests (collateral rights) over trademarks.

• Trademarks (or trademark applications) can be used as security or levied in execution.

• These security interests, such as liens and pledges, may also be recorded with the IP Agency.

Customs Border Enforcement

The owner of a registered Armenian trademark can apply to the Armenian State Revenue Committee to retain goods suspected of infringing their trademark rights at the Armenian border. To initiate this process, a state fee of approximately $50 is required, which should be submitted along with the application.

When customs authorities suspect that incoming goods may infringe trademark rights, they have the authority to take action. This action may involve suspending the release of the goods or detaining them for further examination. The period during which customs authorities can take action to suspend or detain goods shall not exceed two years. This period can be renewed as long as the trademark remains in force.

The customs authorities are obligated to inform both the trademark owner and the declarant or holder of the goods about their actions. Upon receiving this information, stakeholders have a window of 10 working days to initiate additional steps. After receiving notice from customs authorities, trademark owners may need to take further steps to protect their rights. These steps may include posting security and obtaining a preliminary court injunction to suspend the release of the goods by court order.

Civil and Criminal Proceedings

In Armenia, trademark enforcement involves several legal avenues, including civil, criminal, and administrative procedures. Civil actions for trademark enforcement are initiated in the courts of general jurisdiction. These actions begin with the submission of a written statement of claim in the court of general jurisdiction, determined by the defendant's place of residence. The defendant is then served and required to file a statement of defense. Both parties present their case through written briefs and oral hearings, with a final decision made by a qualified judge.

Criminal proceedings, on the other hand, start when an injured party files a criminal complaint. These proceedings include a pretrial investigation phase, conducted confidentially, to decide if the case should proceed to trial. Trademark owners have the option to join criminal proceedings as aggrieved parties. Civil and criminal proceedings may run concurrently, and the duration of criminal proceedings is similar to civil ones.

In terms of eligibility to bring an action, trademark infringement cases can be initiated by the trademark owner. Licensees may bring actions with the owner's consent, unless the license agreement states otherwise. Exclusive licensees can independently pursue legal action if the owner doesn't respond within a reasonable time after their request.