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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 5, 2007 No. 234

About trademarks and service marks

(In edition of the Laws of the Republic of Tajikistan of 03.07.2012 No. 858, 02.01.2019 No. 1584)

This Law governs the relations arising in connection with legal protection and use of trademarks and service marks.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- The Parisian Convention - the Parisian Convention on protection of industrial property of March 20, 1883 with subsequent changes and amendments;

- the international classification of goods to services (further MKTU) the classification accepted by the Nizzky agreement on the international classification of goods and services for registration of signs (of June 15, 1957 with subsequent changes and amendments);

- the registration application of the trademark - set of the documents filed by the applicant go his authorized representative, containing request for extradition of the security document;

- trademark priority - superiority in terms of emergence of the right to the trademark;

- the patent agent - the citizen of the Republic of Tajikistan who in compliance with the legislation of the Republic of Tajikistan is granted the right to representation of physical persons and legal entities before competent authorities;

- the trademark and service mark (further - the trademark) the designations serving for individualization of goods, the performed works or the rendered services (further - goods) physical persons or legal entities.

Article 2. Legislation of the Republic of Tajikistan on trademarks and service marks

The legislation of the Republic of Tajikistan on trademarks and service marks is based on the Constitution of the Republic of Tajikistan and consists of the Civil code of the Republic of Tajikistan, this Law and other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by Tajikistan.

Article 3. Authorized state body

Implementation of state policy and the functions provided by this Law in the sphere of legal protection of trademarks is assigned to Authorized state body (further - Patent authority) which is authorized by the Government of the Republic of Tajikistan.

The patent authority in the cases provided by this Law publishes according to the competence regulatory legal acts about application of this Law.

Under Patent authority Appeal council which considers the questions carried to its competence by this Law is effective. Appeal council performs the powers on the basis of the legislation of the Republic of Tajikistan and Regulations on Appeal council approved by Patent authority.

Chapter 2. Legal protection of the trademark

Article 4. Legal protection of the trademark

Legal protection of the trademark in the Republic of Tajikistan is provided based on its state registration (daleeregistration) according to the procedure, established by this Law, or owing to the international legal acts recognized by Tajikistan.

The right to the trademark is protected by the law.

Article 5. The certificate on the trademark

On registered trade mark the certificate on the trademark is granted.

The certificate certifies priority of the trademark and exclusive right to the trademark concerning the goods specified in the certificate.

Article 6. Exclusive right on the trademark

The owner has the right to use the trademark and to forbid use of the trademark by other persons.

Any physical person or legal entity cannot use the trademark protected in the Republic of Tajikistan without the permission of the owner.

Violation of exclusive right of the owner (illegal use of the trademark) use without its permission is recognized civil circulation in the territory of the Republic of Tajikistan of the trademark (or similar to it to designation shift degree) concerning goods for which individualization the trademark is registered (or concerning goods, uniform with them).

Goods, labels, packagings of these goods on which the commodity cereal or similar to it to extent of mixture designation is illegally used are counterfeit.

Chapter 3. Protectability of the trademark

Article 7. Types of trademarks

As trademarks verbal, graphic, volume and other designations or their combinations can be registered. The trademark can be registered in any color or color combination.

Article 8. The absolute bases for refusal in registration

Registration as trademarks of the designations which do not have distinctive capability and (or) consisting only of elements is not allowed:

- the goods of certain type which entered the general use for designation;

- being the commonly accepted symbols and terms;

- characterizing goods, including specifying their type, quality, quantity, property, appointment, value, and also for a while, the place, method of production or sale;

- the goods representing form which is determined only or mainly by property or purpose of goods.

The elements specified in paragraphs one - the fourth part one of this Article, can be included as unprotected elements in the trademark if they do not hold in it dominant position.

The provisions provided by parts one and the second this Article are not applied to designations which acquired distinctive capability as a result of their use.

According to the international legal acts recognized by Tajikistan state registration as trademarks of the designations consisting only from following or similar to them to degree of shift of the elements representing is not allowed:

- flag, coat of arms and other state symbols;

- the reduced or full names of the international, intergovernmental organizations, their coats of arms, flags and other symbols;

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