It is registered
Ministry of Justice
Republic of Uzbekistan
On July 29, 2009 No. 1988
of June 24, 2009 No. 72
About approval of Rules of creation, giving and consideration of the request for registration of the trademark and service mark
According to the Law of the Republic of Uzbekistan of September 19, 2007 No. ZRU-111 "About modification and amendments in the Law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin" (Collection of the legislation of the Republic of Uzbekistan, 2007, I order to No. 37-38, of Art. 379:
1. Approve Rules of creation, giving and consideration of the request for registration of the trademark and service mark according to appendix (the text in Uzbek).
2. Consider invalid the order of the director of the State patent authority of the Republic of Uzbekistan No. 51 of October 11, 2002 "About approval of Rules of creation, giving and consideration of the request for registration of the trademark and service mark" (reg. No. 1184 of November 1, 2002) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2002, No. 21).
B. A. Amonov
Approved by the Order of the Director of the State patent authority of the Republic of Uzbekistan of June 24, 2009 No. 72
These rules according to the Law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin" determine procedure for creation, giving and consideration of the request for registration of the trademark and service mark.
1. In these rules the following reducings are applied:
Law - The law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin";
Patent authority - the State patent authority of the Republic of Uzbekistan;
the trademark - the trademark and service mark;
the request - the request for registration of the trademark and service mark;
Parisian convention - The Parisian convention on protection of industrial property in the edition operating for the Republic of Uzbekistan;
MKTU - The international classification of goods and services for the purposes of registration of signs;
VOIS MB - The international bureau of World Intellectual Property Organization under the Ministry of Justice;
The international registration - the registration of the trademark performed according to the Protocol to the Madrid agreement on the international registration of signs;
The international register - official selection of the signs this about the international registration which is conducted by MB of VOIS;
Protocol - Protocol to the Madrid agreement on the international registration of signs (Madrid, on June 27, 1989).
2. According to article 3 of the Law the trademark is the designation registered in accordance with the established procedure serving for difference of goods and services of one physical persons and legal entity from uniform goods and services of other physical persons and legal entities.
The trademark of merging of legal and (or) physical persons intended for designation of the goods (services) having single quality or other general characteristics issued and (or) realized by them is the collective mark.
3. According to part five of article 3 of the Law as trademarks graphic, verbal, volume and other designations or their combinations in any color or color combination can be registered.
Words, combinations of letters having verbal nature (in particular, sets of vowels and consonants the forming syllables in any sequence), phrases, offers, and also their combinations belong to verbal designations.
Images of living beings, objects, natural and other objects, compositions of lines, spots, any figures on the plane belong to graphic designations (except for volume).
Three-dimensional objects, figures and combinations of lines and figures in spatial arrangement belong to volume designations.
Combinations of elements of different type belong to the combined designations: graphic, verbal, volume, etc.
Sound, light, holographic, olfactory and other designations belong to other designations, for example.
a) the designations representing images of the State Emblems, flags and state awards;
b) the official names of the states reduced or full names of the international or intergovernmental organizations;
c) official control, warranty and assay brands, seals;
d) images of signs of differences and distinctions of the public services applied in the Republic of Uzbekistan.
The designations specified in subitems of "a"-"g" of this Item can be included in the trademark as unprotected elements if on it there is consent of the relevant authorized body or their owner.
e) the designations which do not have distinctive capability to which, in particular, can belongs:
the designations representing the separate letters, figures which do not have characteristic graphical execution, the combinations of letters which do not have verbal nature;
lines, simple geometrical figures and their combinations which are not forming the compositions giving qualitatively other level of perception other than perception of the separate elements entering them;
the realistic or schematic images of goods declared on registration as trademarks for designation of these goods;
three-dimensional objects which form is caused by exclusively functional purpose;
the commonly accepted names representing, as a rule, the simple instructions of goods declared for designation of these goods;
commonly accepted abbreviated names of the organizations, companies, industries and their abbreviation.
e) the designations which entered the general use for designation of goods of certain type. Such designation is understood as the designation used for certain goods which as a result of prolonged use by various producers for the same goods or type of goods became specifying of specific type of goods;
g) the designations which are the commonly accepted symbols and terms.
The designations symbolizing industry of economy or sphere of activity to which the goods containing in the inventory for which registration of the trademark, and also the symbols applied in science and technology is asked belong belong to the commonly accepted symbols, as a rule. The lexical units characteristic of the specific fields of science and technology belong to the commonly accepted terms;
h) the designations used for characteristics of goods, including type, quality, quantity, property, appointment, value, and also the place and time of their production or sale.
Simple names of goods belong to the designations specified in the subitem "z" of this Item, in particular; designations of quality category of goods; instructions of properties of goods (including having laudatory character); instructions of material or composition of raw materials; instructions of weight, amount, price of goods; dates of production of goods; specific names; the production creations this on stories; names of the companies; addresses of manufacturers of goods and intermediary firms; the designations consisting in parts or in full of place names which can be apprehended as instructions on the location of the manufacturer of goods.
Registration of the designations specified in subitems of "d"-"z" of this Item is admissible on condition of provision of the proof that designation actually acquired discernability as a result of its use for specific goods.
As the proof the following data, confirmatory are represented that the declared designation acquired distinctive capability as a result of its use before date of application:
production volumes and sales of goods, marked by the declared designation;
the territories of sales of goods, marked by the declared designation;
duration of use of the declared designation for marking of the goods (services) specified in the request;
amounts of promotional costs of goods (services) marked by the declared designation;
data on degree of knowledge of consumers on the declared designation and producer of the goods marked by it, including results of sociological polls;
data on publications in open seal of information on the goods marked by the declared designation;
data on exhibiting at exhibitions in the Republic of Uzbekistan and beyond its limits of the goods marked by the declared designation and also other data;
i) designations false or capable to mislead the consumer concerning goods or his manufacturer to which, in particular, the designations generating in consciousness of the consumer idea of certain goods quality, his manufacturer or the place of origin which is not true belong. If at least one of elements of designation is false or misleading, designation is recognized false or misleading;
j) the designations which are formally specifying true production site of goods, but giving wrong idea that the goods occur from other territory;
k) the designations representing or containing the geographical names identifying mineral waters, wines or hard alcoholic drinks for designation of the goods which are not coming from this place and also if they are used in translation or in combination to the words "type", "type", "in style" and similar;
l) the designations contradicting public concerns, the principles of humanity and morals to which, in particular, religious emblems and symbols, words and obscene images, appeals of inhuman nature offending human dignity, religious feelings, etc. belong;
m) designations identical or their mixtures, similar to degree:
with the trademarks 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 or having earlier priority concerning uniform goods;
with trademarks of other persons, acknowledged well-known in accordance with the established procedure, concerning any goods;
with the names of places of goods origin protected according to the Law except cases of their inclusion as unprotected element in the trademark registered addressed to person having right to use such name concerning any goods;
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