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LAW OF TURKMENISTAN

of June 5, 2021

About trade names

This Law establishes requirements in case of assignment of trade names to entrepreneurial legal entities of Turkmenistan, governs the relations arising in the sphere of their legal protection.

Chapter I. General provisions

Article 1. The basic concepts used in this law

For the purposes of this Law the following basic concepts are used:

1) trade name - the designation of the entrepreneurial legal entity allowing to distinguish this person from others when implementing its activities;

2) the trademark (service mark) - the designation serving for individualization of goods (the performed works, the rendered services) the entrepreneurial legal entity.

Article 2. Legislation of Turkmenistan on trade names

The legislation of Turkmenistan on trade names is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.

Article 3. Right to use trade name

1. The owner of trade name has the right to use the trade name belonging to it.

Use of trade name is understood as specifying of trade name:

1) on packaging of any goods or in information on goods, on labels, signs or in any other information sources for the purpose of storage of goods, the offer for its sale, its sale, including its sale for export;

2) during the offer and provision of any service;

3) in business documentation or in advertizing;

4) as the address on the Internet.

The trade name can be also used as component of designations of the trademark (service mark) or match completely the specified designations or to be part of one or several registered designations belonging to the same owner.

2. If other is not stipulated by the legislation Turkmenistan, the owner of trade name has exclusive right to prohibit to other persons to use in any form the trade name belonging to it without its consent, and also designation, identical or similar to trade name if use of such designations can mislead concerning the owner of trade name.

3. Property rights of intellectual property on trade name are transferred to other person only together with complete property complex of person to whom these rights belong, or its corresponding part.

4. Exclusive right of the owner of trade name to prohibit to other persons to use the trade name belonging to it without its consent does not extend on:

1) implementation of any right which arose before date of the first use of trade name;

2) non-commercial use of trade name;

3) all forms of the message of news and comments of news.

Chapter II. State regulation and control in the sphere of legal protection of trade names

Article 4. The bodies exercising state regulation and control in the sphere of legal protection of trade names

1. The body exercising state regulation and control in the sphere of legal protection of trade names is the Cabinet of Ministers of Turkmenistan.

2. The state control in the sphere of legal protection of trade names is exercised by the Ministry of Finance and Economy of Turkmenistan (further - authorized body).

Article 5. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the sphere of legal protection of trade names:

1) determines single state policy;

2) publishes regulatory legal acts;

3) is coordinated by activities of public authorities;

4) performs other functions referred to its competence by the legislation of Turkmenistan.

Article 6. Competence of authorized body

Authorized body in the sphere of legal protection of trade names:

1) realizes single state policy;

2) adopts regulatory legal acts;

3) exercises control on compliance with law, generalizes practice and makes explanations on its application, gives on the specified questions methodical help and services to interested persons;

4) carries out expertize of trade name for determination of compliance of the declared trade name to requirements of the legislation of Turkmenistan;

5) develops suggestions for improvement of the legislation of Turkmenistan;

6) is performed by international cooperation and represents the interests of the state concerning protection of the rights to trade names;

7) creates electronic information system, provides and enhances maintaining electronic document management;

8) renders digital services and creates conditions for their development;

9) performs other functions referred to its competence by the legislation of Turkmenistan.

Chapter III. Legal protection of trade names

Article 7. Conditions of provision of legal protection

1. Legal protection is provided to trade name, known in Turkmenistan, if it gives the chance to distinguish one legal entity from others and does not mislead consumers concerning the performed activities of this person.

2. The trade name of the legal entity shall contain specifying on form of business of the legal entity and proper name or common noun of distinctive value.

Article 8. Implementation of legal protection of trade name

Legal protection of trade name in Turkmenistan arises based on state registration of the legal entity in the authorized body according to the procedure established by the legislation of Turkmenistan.

Article 9. Implementation of legal protection of trade name of the foreign legal entity

1. The trade name of foreign legal entities is protected in the territory of Turkmenistan in case of the compulsory provision of its use and popularity in the territory of Turkmenistan. Criteria of popularity of trade names in the territory of Turkmenistan are established by authorized body.

2. In case of dispute over trade name between the foreign legal entity and the legal entity of Turkmenistan along with the requirements provided by part one of this Article the priority of use and popularity of trade name of the foreign legal entity in the territory of Turkmenistan is considered.

Chapter IV. Assignment of trade name

Article 10. Request for receipt of trade name

1. The trade name is appropriated by authorized body according to the request of person interested in receipt of trade name. The request for receipt of trade name (further - the application) can be submitted through the representative whose powers make sure the power of attorney. The request and documents attached to the request are represented in state language.

2. The application is submitted according to the requirements established by authorized body.

3. The request can be withdrawn according to the petition of the applicant at any stage of its consideration.

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