1) Registrable marks are defined as signs capable of
distinguishing the goods or services of one party from
those of others, including words, figurative signs and
three-dimensional shapes, and such marks may be
registered in any color, or combination of colors.
2) Marks may not be registered if they are confusingly similar to (a) a registration or prior application in respect of the same or similar goods or services; (b) unregistered marks protected by international treaties to which Tajikistan is a member, such as well-known marks under the Paris Convention; (c) under certain circumstances, prior commercial names for similar goods; or (d) the subject of protected industrial designs or copyrights or personal names and likenesses.
3) Collective marks may be registered.
4) Applications will be examined by the Trademark Office for registrability.
5) Applicants may appeal an adverse decision against their trademark applications to the Board of Appeals within 3 months of notification and the decision of the Board of Appeals may be appealed before a court within 6 months.
6) Registrations are granted for a period of 10 years from the filing date and may be renewed for further 10-year periods. Belated renewal is permitted within 6 months following expiration of the registration upon payment of an additional fee.
7) Once a registration has expired, the mark may not be re registered by a third party until 3 years have elapsed following the expiration date.
8) Registrations that have not been used for any period of 5 consecutive 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 and on signs in connection with the display of products at exhibitions may also be considered effective use.
9) Assignments and license agreements must be recorded with the Patent Office to be valid.
10) Third parties may file objections against trademark registrations with the Board of Appeals; objections based on prior conflicting rights must be filed within 5 years from the date on which the registration was published in the Official Gazette. The decision of the Board of Appeals may be appealed before the courts within 6 months.
11) Remedies for trademark infringement include injunctive relief and damages.
2) Marks may not be registered if they are confusingly similar to (a) a registration or prior application in respect of the same or similar goods or services; (b) unregistered marks protected by international treaties to which Tajikistan is a member, such as well-known marks under the Paris Convention; (c) under certain circumstances, prior commercial names for similar goods; or (d) the subject of protected industrial designs or copyrights or personal names and likenesses.
3) Collective marks may be registered.
4) Applications will be examined by the Trademark Office for registrability.
5) Applicants may appeal an adverse decision against their trademark applications to the Board of Appeals within 3 months of notification and the decision of the Board of Appeals may be appealed before a court within 6 months.
6) Registrations are granted for a period of 10 years from the filing date and may be renewed for further 10-year periods. Belated renewal is permitted within 6 months following expiration of the registration upon payment of an additional fee.
7) Once a registration has expired, the mark may not be re registered by a third party until 3 years have elapsed following the expiration date.
8) Registrations that have not been used for any period of 5 consecutive 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 and on signs in connection with the display of products at exhibitions may also be considered effective use.
9) Assignments and license agreements must be recorded with the Patent Office to be valid.
10) Third parties may file objections against trademark registrations with the Board of Appeals; objections based on prior conflicting rights must be filed within 5 years from the date on which the registration was published in the Official Gazette. The decision of the Board of Appeals may be appealed before the courts within 6 months.
11) Remedies for trademark infringement include injunctive relief and damages.
