Approved by the Order of the Ministry of Economic Development and Trade of the Republic of Tajikistan of July 10, 2007 No. 15

Rules of recognition of the trademark well-known in the Republic of Tajikistan

These rules of recognition of the trademark well-known in the Republic of Tajikistan (further - Rules) are published according to article 3 of the Law of the Republic of Tajikistan "About trademarks and service marks", and establish procedure for recognition of the trademark well-known in the Republic of Tajikistan.

Chapter 1. General provisions

1. According to part one of article 23 of the Law of the Republic of Tajikistan "About trademarks and service marks" the well-known trademark in the Republic of Tajikistan is understood as the trademark protected in the territory of the Republic of Tajikistan based on state registration or the trademark protected in the territory of the Republic of Tajikistan without registration owing to the international legal agreements recognized by the Republic of Tajikistan and also the designation used as the trademark, but which does not have legal protection in the territory of the Republic of Tajikistan which as a result of intensive use acquired in the Republic of Tajikistan wide popularity among the corresponding national groups concerning goods and/or services of certain producer.

2. According to the paragraph the second parts one of Article 9 and paragraphs the first and second article 33 of the Law, and also the article 6-bis of the Parisian convention on protection of industrial property, the trademark recognized as well-known can form the basis for refusal to the other person in registration of the trademark, recognition of invalid registration of the trademark of the other person or prohibition to the other person in registration of the trademark, recognition of invalid registration of the trademark of the other person or prohibition to the other person to use the trademark identical or similar to extent of mixture with the well-known sign intended for application concerning uniform goods provided that date since which the trademark became well-known is earlier, than priority date of the trademark of the other person.

3. The decision on recognition of the trademark well-known in the Republic of Tajikistan is made by Appeal council of Patent authority by results of consideration of the application on recognition of the corresponding trademark well-known on the declared inventory and/or services.

Chapter 2. Statement for recognition of the trademark well-known

4. The statement for recognition of the trademark well-known in the Republic of Tajikistan (further - the application) is written in a free form and moves in Appeal council the owner of the trademark considering the sign by the well-known, or his representative having appropriate authority (further the applicant).

The application, in particular, can be submitted also in cases when use by the applicant of the trademark is interfered by submission by the other person of the request for registration of the trademark, registration of the trademark addressed to the other person or use by the other person of the trademark who is identical or similar to extent of mixture with sign of the applicant and intended for application concerning uniform goods and/or services.

5. Date since which, according to the applicant, its trademark is well-known in the territory of the Republic of Tajikistan shall be specified in the statement.

6. The statement shall contain information on circumstances based on which it is possible to draw conclusion that the trademark is well-known concerning the specified group of goods and/or services. Such information, in particular, can be provided by data:

a) about degree of popularity or recognition of the trademark in respective sector(s) of society in the Republic of Tajikistan, in particular, about recognition of the trademark the actual and/or potential consumers of the corresponding goods and/or service;

b) about duration, intensity and the region of use of the trademark in the territory of the Republic of Tajikistan. At the same time can be specified: start date of use of the trademark, the list of settlements where sales of goods and/or provision of services concerning which use of the trademark was performed was made; sales amount of these goods or provision of services; methods of use of the trademark; annual average number of consumers of goods and/or services; provision of the producer in the market in certain sector of economy, etc.;

c) about duration, intensity and the region of implementation of any activities for promotion of the trademark, including advertizing or display at fairs or exhibitions of goods and/or services to which this sign is applied;

d) about duration and the number of registration of the trademark in foreign countries and/or the number of requests for registration of the corresponding trademark in foreign countries in that degree in what these data reflect use or recognition of this sign;

e) about recognition of the trademark well-known in foreign countries, including in country of source of the trademark or in the country of the owner of the trademark;

e) about estimated value (value) of the trademark according to the data containing in financial statements;

g) about survey results of consumers of goods and/or services in question of common knowledge of the corresponding trademark which is carried out by specialized independent organization with obligatory reflection of answers to the questions containing in the questionnaire of consumers (appendix 1).

The data listed in Items and)-), are not exhaustive, and the applicant can provide any other information on circumstances based on which it is possible to draw conclusion that the corresponding trademark is well-known in the Republic of Tajikistan.

7. All data represented by the applicant shall be supported by the necessary documents.

8. The image of the trademark enclosed to the application (in particular, the photo, typographical print, etc.) is submitted in five copies format of 5 cm x 5 cm; depending on designation type the size on width of its photo or print can constitute 8-10 cm.

If designation is the label, then as its image the label can be provided.

If the image is volume (three-dimensional), then the image of general view of designation, and also the image of all necessary projections of the declared designation giving exhaustive idea of it is submitted.

The image is submitted in that color and color combination in which recognition of the trademark well-known is asked.

The image shall have the high-quality graphical execution allowing to reproduce it in any number of copies.

Chapter 3. Consideration of the application

9. Appeal council considers the application within four months from the date of its giving.

10. Appeal council in the course of consideration of the application takes all data provided by the applicant according to Item 6 of these rules into account.

11. In case of need the additional data confirming common knowledge in the Republic of Tajikistan of the trademark can be requested from the applicant.

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