Some Peculiarities of the TrademarkProtection in Armenia.

The preliminary examination of the application on registration of a trademark is carried out within one (1) month from the date of application.

If, in the course of the preliminary examination, it is revealed that the application does not meet the requirements of the Law, the Armenian Intellectual Property Agency (AIPА) notifies the applicant on the necessity to eliminate all the unconformity of documents within a period of two months, as well as on the date of filing an application and its serial number.

If, in the course of the preliminary examination, it is revealed that the application has been filed in accordance with the requirements established by the Law or all unconformities mentioned in the notification have been eliminatedwithin a period of two months, the AIPA shall make a decision on publication of the application and carrying out substantive examination. Within a period of five days the AIPA shall notify the applicant about the made decision, notifying as well the number and the date of filing the application.

Within a period of one (1)month following the day of the mentioned decision on publication of the application and carrying out substantive examination the AIPA shall publishthe application in the “Industrial Property” Official Bulletin.

Within a period of two months following the publication of the application any person maysubmit to the AIPA a written observation against the registration of the claimed trademark, stating that its registration is subject to refusal on the absolute groundsfor refusal established by the Law.

Within a period of five days after receiving the submitted written observation the AIPA shall notify the applicant in written, inviting the latter to submit his considerations within a period of one month following the day of receiving the notification. Where the applicant fails to submit his considerations within the mentioned period the observation shall be discussed on the bases of the existing materials.

Within a period of two months following the publication of the application the right holder of the earlier trademark or well-known trademark, as well as the owners of earlier arisen rights inrespect ofa geographical indication or designation of origin, protected industrial design or utility model, name or surname, pseudonym, portrait, the holders of earlier arisencopyright in protected works of literature, science and art protected in the Republic of Armenia and any other interested person may submit a written opposition to the AIPA against the registration of the claimed trademark, stating that its registration is subject to refusal on the relative grounds for refusal established by the Law. The opposition shall be deemed to be submitted if it is accompanied by the payment receipt of the official fee established by the Law.

Within five days following the day of receipt of the opposition the AIPA shall examine it and in case of its conformity with the submission conditions stated in foregoing paragraph, notify the applicant in written about the opposition, inviting him to submit his considerations within a period of one month after receiving the notification. Where the applicant fails to submit his considerations within the mentioned period the opposition shall be discussed on the bases of the existing materials.

Asubstantive examination of the application on its conformity to the absolute and relative grounds for refusal of the trademark registration shall be carried out within a period of three (3) months from the day of publication of the application.

The procedure of the mentioned period (of three months) shall be suspended subject to the receipt of the observation or opposition stated in foregoing paragraphs.

On the basis of the adopted decision on the registration of a trademark and after receiving the receipt on the payment of the prescribed official fee (about 105US dollars), the AIPA, within a (1)month, shall register the trademark in the State Register for the registration of trademarks. The information on the registered trademark is published in the “Industrial Property” Official Bulletin within a (1)month from the day of registration. The trademark certificate shall be delivered by the AIPAto the right holder of the trademark or his representative within a (1)month from the day of publication of the information on the registered trademark in the mentioned Official Bulletin.

The application shall pertain to one trademark and contain:

a) a request for the registration of a trademark, in which the applicant and his/her place of location or residenceshall be mentioned;

b) a representation (reproduction) of the filed mark and its description (including an indication by words of the color or combination of colors claimed);

c) a list of goods, grouped according to the classes of the International Classification of Goods and Services, in respect of which registration of the mark is sought.

. The application shall be accompanied by:

a) a receipt confirming the payment of the official fee in the prescribed amount for filing an application and for carrying out the examination;

b) a statute of the collective mark, if an application for a collective mark is filed;

c) a document (Power of Attorney) confirming the authority of the patent attorney, if the application is filed through him(see folder «Downloads»).

If your trademark consists of or contains a verbal mark in Latin (or other than Armenian) characters, you have to submit us the description of the mark, because we shall submit its transliteration in Armenian characters and its translation in Armenian, if it has a verbal meaning.

There is an Official Database of marks registered in the Republic of Armenia, marks having effect of registration in the Republic of Armenia without registration, as well as, marks filed for registration. An official fee for conducting a search in this database of marks identical or similar to the submittedmark for each class of goods and servicesamounts to about:

42 US dollars for a verbal or pictorial mark

and 84US dollarsfor a combined mark.

An official fee for conducting a search in this database of marks belonging to one owner and/or applicantamounts toabout 125 US dollars. The search lasts 10-20 days. We usually charge 100 US dollars (or115US dollars fora combined mark) for filing a request to conduct a trademark search in this database (irrespective of class number) and providing a translation of the report on the results of search. We will file a request for performing a search immediately after receiving via E-mail the copy of the bank receipt confirming the transfer on our bank account the mentioned official fee as a retaining fee. In this case the fee for services of our company may be paid after reception of the scanned copy or the original of the report on the results of search and its translation on the basis of the invoice provided by us via certified mail.

In respect of the renewal of a mark's term of registration we apply the similar approach.

Anofficialfeefor filing a petition for the renewal of a mark's term of registrationamounts to about 250 US dollars(plus about 22US dollarsfor each additional class of goods and servicesin excess of one) and our services for drawing up and filing a petition cost 150US dollars plus 10US dollarsfor each additional class of goods and servicesin excess of one.We will draw up and file apetitionimmediately after receiving via E-mail the copy of the bank receipt confirming the transfer on our bank account the mentioned official fee as a retaining fee and the copy of the signed and sealed Power of Attorney. In this case the fee for services of our company may be paid after reception of the scanned copy or the original of the petition withastampofAIPAconfirmingthedate of its filing and its translation, on the basis of the invoice provided by us via certified mail.

Other our services are usually rendered without any retaining fee on the basis of the Power of Attorney signed and sealedby the applicant and the invoice on rendered our services after their completion. The company starts performance of its duties immediately after receiving a Facsimile (or scanned)copy of the signed and sealedPower of Attorney, the original of which should be submitted to the AIPA within two months from the date of application.

The Power of Attorney should be signed and sealed by the applicant and sent to us without any legalization. But note that if the Power of Attorney is signed and sealed onlyby the authorized attorney on behalf of the applicant or signed by an applicant, who is a physical person, or signed without corporate seal, such authorization should be notarized.

If you need any assistance and information, please don't hesitate to contact us.

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