of September 18, 2006 No. ZRU-51
About trade names
Accepted by Legislative house on June 20, 2006
Approved by the Senate on August 25, 2006
The purpose of this Law is regulation of the relations in the field of legal protection and use of trade names.
The legislation on trade names consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about trade names then are applied rules of the international treaty.
Trade name is the individual name of the legal entity - the commercial organization (further - the legal entity) on which exclusive right arises at the time of its state registration.
The legal entity along with full trade name can have also the reduced trade name.
The trade name of the legal entity shall contain specifying on its form of business.
The trade name shall contain specifying on nature of activities of the legal entity in the cases provided by the law.
The trade name shall not contain:
1) the official name of the state reduced or full name of the international, intergovernmental or non-state non-profit organization;
2) the complete or reduced name of the historic or celebrated personality in the Republic of Uzbekistan without the permission issued in accordance with the established procedure;
3) designations, false or capable to mislead the consumer concerning the owner of trade name, object of activity or the country of its origin;
4) the designations contradicting interests of society, the principles of humanity and morals.
The trade name also shall not contain the designations identical or similar to extent of their mixture:
with the trade names which are earlier registered or declared on registration in the Republic of Uzbekistan addressed to other legal entity, having earlier priority;
with the trademarks (service marks) which are earlier registered or declared on registration in the Republic of Uzbekistan addressed to other person, and also protected without registration owing to international treaties of the Republic of Uzbekistan;
with trademarks (service marks), acknowledged well-known in accordance with the established procedure;
with the geographical instructions and names of places of goods origin protected by the legislation in accordance with the established procedure except registration cases addressed to person having right to use such specifying or the name.
The designations specified in Item of 1 part one of this Article can be included in trade name if on it there is permission of the relevant state body or organization.
Legal protection of trade name is provided from the moment of state registration of the legal entity, and concerning trade name of the foreign legal entity - from start date of implementation by the foreign legal entity of activities as the participant of civil circulation in the territory of the Republic of Uzbekistan.
The legal entity has exclusive right to use the trade name and to grant the right to use trade name to other legal entities.
The exclusive right of the foreign legal entity on trade name makes sure the document established by the legislation of the country of organization of this legal entity.
Use of trade name is:
reproduction of trade name on official forms, seals, stamps and other documentation connected with activities of the legal entity;
application of trade name on goods, their packaging, in advertizing, signs, prospectuses, accounts, printing editions, in case of goods demonstration at the exhibitions and fairs held in the Republic of Uzbekistan.
The trade name can be used as element of the trademark (service mark).
The legal entity (licensor) can resolve other legal entity (licensee) use of the trade name based on the license agreement signed between them or the agreement of the complex entrepreneurial license according to the legislation.
In the license agreement the measures excluding introduction of the consumer in delusion shall be caused.
Transition of the right to trade name is allowed only in cases of reorganization of the legal entity by merge, accession, separation and allocation or sale of the company in general as property complex.
In case of merge of legal entities and when joining the legal entity to other legal entity transition of the right to trade name is performed according to the transfer act.
In case of separation of the legal entity or in case of allocation of the legal entity from the list of the legal entity transition of the right to trade name is performed according to the separation balance sheet.
Legal protection of trade name stops in case of liquidation of the legal entity or change of its trade name.
Violation of exclusive right on trade name illegal use of trade name is recognized.
Use is not recognized the trademark (service mark), the name of the domain of this trade name violation of exclusive right on trade name if the right to the trademark (service mark), the name of the domain is received before the right to trade name.
Protection of exclusive right on trade name from illegal use is performed in the way:
publications in mass media about the judgment for the purpose of protection of goodwill of the legal entity;
removals the account of the violator from counterfeit goods, labels, packagings illegally the used trade name;
destructions at the expense of the violator of counterfeit goods, labels, packagings in case of impossibility of removal from them illegally the used trade name;
transfers of counterfeit goods, labels, packagings to the legal entity having rights to trade name.
Protection of exclusive right on trade name from illegal use can be performed by different ways according to the legislation.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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