1) Registrable marks may comprise any sign serving to distinguish the goods or
services of one party from another's goods or services of the same type,
including words, figurative signs and three-dimensional marks and marks in any
color or combination of colors.
2) Collective marks are registrable.
3) Marks may not be registered if they, inter alia:
4) A single application may be filed in respect of multiple classes of the International Classification of Goods and Services and may claim priority under the Paris Convention.
5) Applications will be examined for inherent registrability and for prior conflicting marks.
6) After trademark applications are registered, the registrations are published in the Official Gazette. The owner of a conflicting right may take action at any time against an offending registration before the Board of Appeal of the Patent Office. The decision of the Board of Appeal may be appealed to the Supreme Court.
7) Registrations are granted for a period of 10 years from the filing date (or the date of priority if this is claimed) and may be renewed for further 10-year periods.
8) Assignments and license agreements must be recorded with the Patent Office to have effect.
9) Registrations which have not been used for any period of 5 years, without justification, may be vulnerable to cancellation by a third party. Use is defined as affixing the mark on products for which it is registered, or their packaging. Use of the mark in advertising, in printed publications, on signs or in connection with the display of products at exhibitions may also be considered effective use.
10) The exclusive right to a trademark or service mark is acquired by registration. Trademark registrants may take action on the basis of trademark infringement for injunctive relief and damages.
11) Marking legends are optional.
12) Once a registration has expired or has been voluntarily cancelled, the mark may not be re-registered in the name of a third party until 3 years have elapsed since such expiration or voluntary cancellation.
2) Collective marks are registrable.
3) Marks may not be registered if they, inter alia:
a) are identical or misleadingly similar to a mark of a third party for which a
prior application has been filed or registration obtained in respect of goods
or services of the same type;
b) are identical or misleadingly similar to an unregistered mark of a third party which is protected under international treaties, such as the Paris Convention, to which Uzbekistan is a party;
c) constitute a reproduction of a prior trade name belonging to a third party and known in Uzbekistan in respect of goods or services of the same type; or
d) are the subject of a protected industrial design or copyright or personal name or likeness.
b) are identical or misleadingly similar to an unregistered mark of a third party which is protected under international treaties, such as the Paris Convention, to which Uzbekistan is a party;
c) constitute a reproduction of a prior trade name belonging to a third party and known in Uzbekistan in respect of goods or services of the same type; or
d) are the subject of a protected industrial design or copyright or personal name or likeness.
4) A single application may be filed in respect of multiple classes of the International Classification of Goods and Services and may claim priority under the Paris Convention.
5) Applications will be examined for inherent registrability and for prior conflicting marks.
6) After trademark applications are registered, the registrations are published in the Official Gazette. The owner of a conflicting right may take action at any time against an offending registration before the Board of Appeal of the Patent Office. The decision of the Board of Appeal may be appealed to the Supreme Court.
7) Registrations are granted for a period of 10 years from the filing date (or the date of priority if this is claimed) and may be renewed for further 10-year periods.
8) Assignments and license agreements must be recorded with the Patent Office to have effect.
9) Registrations which have not been used for any period of 5 years, without justification, may be vulnerable to cancellation by a third party. Use is defined as affixing the mark on products for which it is registered, or their packaging. Use of the mark in advertising, in printed publications, on signs or in connection with the display of products at exhibitions may also be considered effective use.
10) The exclusive right to a trademark or service mark is acquired by registration. Trademark registrants may take action on the basis of trademark infringement for injunctive relief and damages.
11) Marking legends are optional.
12) Once a registration has expired or has been voluntarily cancelled, the mark may not be re-registered in the name of a third party until 3 years have elapsed since such expiration or voluntary cancellation.
November 1994 Index