LAW OF TURKMENISTAN

of June 8, 2019 No. 141-VI

About trademarks

This Law governs the relations arising in the sphere of legal protection and use of trademarks.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) counterfeit goods – goods, their labels and packaging on which the registered trade mark or similar to it to extent of mixture designation is illegally used;

2) examination – the procedure of consideration by authorized body in the field of legal protection of trademarks – Public service on intellectual property of the Ministry of Finance and Economy of Turkmenistan of the request, and also other documents relating to state registration of the trademark;

3) the first request – the application submitted to relevant organ of the State Party of the Parisian convention on protection of industrial property (further – the Parisian convention) by which date of giving the conventional priority is established;

4) the selected request – the request containing part of the inventory, specified in the first request, and keeping its priority;

5) trade name – the designation of the legal entity allowing to distinguish this legal entity from others when implementing its activities;

6) the Statement of trademarks (further – the Statement) – the periodical of authorized body in the field of legal protection of trademarks intended for the publication of data on requests for state registration of trademarks and the trademarks entered in the State register;

7) the trademark (service mark) – the verbal, graphic or volume designation of any color (color combination) or their combination serving for individualization of goods (works, services). Collective marks also belong to trademarks;

8) the certificate on the trademark (collective mark) – the security document of Turkmenistan confirming exclusive right of its owner (owners) on the trademark concerning the goods and (or) services specified in the certificate;

9) concession of the rights to the trademark – assignment of rights on the trademark its owner to other person based on the relevant agreement;

10) the owner of the trademark – person having exclusive right on the trademark;

11) trademark priority – first priority of application in time;

12) the request – set of the documents necessary for state registration of the trademark;

13) the applicant – the physical person who submitted the application engaged in business activity without formation of legal entity or the legal entity performing business activity;

14) the national domain of the second level – the domain which name includes name of the national domain of the top (first) level (". TM") and own name. The national domain of the top (first) level is understood as the domain which name is provided by the code of Turkmenistan approved by the International Organization for Standardization (ISO 31662). For Turkmenistan the national domain of the top level has designation ". TM" is also property of Turkmenistan. Control of the domain ". TM" is performed from the territory of Turkmenistan;

15) the conventional request – the request for the trademark with purchase of conventional priority;

16) conventional priority – the trademark priority established by date of submission of the first request;

17) uniform goods or services – the goods and (or) services relating to one sort, type of goods and (or) services which when marking by similar trademarks can create at the consumer idea of their accessory to the same physical person who is engaged in business activity without formation of legal entity, or the legal entity performing business activity (producer);

18) the patent agent – the citizen of Turkmenistan who is constantly living in Turkmenistan, certified and registered in authorized body in the field of legal protection of trademarks and representing on professional basis the interests of physical persons and legal entities in receipt of the right to the trademark;

19) exhibition priority – the trademark priority established on start date of open display of the exhibits marked by the trademark at the exhibition organized in the territory of one of the State Parties of the Parisian convention;

20) the State register of trademarks of Turkmenistan (further – the State register) – the document containing data on the image of the trademark, the inventory and (or) services concerning which the trademark, the owner of the trademark, date of application, priority data of the trademark and date of its state registration, and also other data relating to state registration of the trademark is registered.

Article 2. Legislation of Turkmenistan on trademarks

The legislation of Turkmenistan on trademarks is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Legal protection of the trademark and term of its action

1. Legal protection of the trademark in Turkmenistan is provided based on its state registration according to the procedure, established by this Law, or based on the international registration of the trademark according to the Protocol to the Madrid agreement on the international registration of trademarks.

The right to the trademark is protected by the law and makes sure the certificate on the trademark.

2. The trademark can be registered addressed to the physical person who is engaged in business activity without formation of legal entity or the legal entity performing business activity.

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