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LAW OF THE REPUBLIC OF ARMENIA

of May 22, 2010 No. ZR-59

About trademarks

(as amended on 30-03-2021)

Accepted by National Assembly of the Republic of Armenia on April 29, 2010

Chapter 1. Basic provisions

Article 1. Law purposes

1. This law governs the relations connected with registration, legal protection and use of trademarks and service marks (further – the trademark).

Article 2. The basic concepts used in the law

1. In understanding of this law the basic used concepts are:

the trademark – designation which is used for difference of goods and (or) services of one person from goods and (or) services of other person;

person – physical person or legal entity;

the well-known trademark – the trademark which on condition of submission of the statement for recognition well-known or earlier date specified in it became widely known in the corresponding circles of the public in the territory of the Republic of Armenia for goods and (or) services concerning which the trademark was used;

the collective mark - the trademark of the economic commonwealth of producers or service providers or other voluntary consolidation created by persons in the procedure established by the law (further - the union) which is used for marking of goods and (or) services of these persons;

the certified sign – the trademark which is used for confirmation of conformity of certain characteristics of goods or services;

geographical specifying – the name of the territory (settlement), certain area or in exceptional cases the country which serves for designation of products which came from this territory, certain area or the country unique quality, reputation or other characteristic signs of which are caused by this geographical origin which was made and processed and prepared in this the geographical place;

the name of the place of origin – the geographical name of the territory (settlement), certain area or in exceptional cases the country which serves for designation of products which came from this territory, certain area or the country, and unique quality or other characterizing signs of which, mainly or are exclusively caused by these geographical natural conditions (including natural and human factors), and production which conversion and preparation, take place in this geographical area;

the request – the document package represented to the state authorized body for the purpose of registration of the trademark according to the procedure, established by this law;

the applicant – person or persons on behalf of whom, (which) the request was submitted;

the owner of the trademark – person or persons, to the trademark to which, (which) protection in the Republic of Armenia according to this law is provided;

the state register – the official code containing data on registration of trademarks which according to this law conducts the state authorized body, irrespective of the carrier on which they are stored;

the license – permission to use of the trademark issued by the owner of right to use of the trademark (licensor) to other person (licensee) according to the license agreement;

the sublicense – permission to use of the trademark issued by the licensee to other person according to the sublicense agreement;

disklamation – the announcement of the applicant or owner of right to use of the trademark of refusal of legal protection of any element of the trademark;

Parisian convention – The Parisian convention on protection of industrial property which was signed on March 20, 1883 with subsequent changes and amendments;

the agreement of TRIPS (TRIPS) – the agreement on trade aspects of intellectual property rights which was signed on April 15, 1994 in Marrakech;

Madrid agreement – The Madrid agreement on the international registration of signs which was signed on April 14, 1891 with subsequent changes and amendments;

The protocol of the Madrid agreement – the protocol of the Madrid agreement on the international registration of trademarks which was signed on June 28, 1989;

General instruction – The general instruction to application Madrid to the agreement and the protocol to the Madrid agreement;

Nizzky classification – classification which is based by the Nizzky agreement on the International classification of goods and services for registration of signs which was signed on June 15, 1957 with subsequent changes and amendments;

the international request – the request for the international registration of the trademark which is submitted according to the Madrid agreement or the protocol to the Madrid agreement or in case of need to both of them;

the international registration – registration of the trademark which was performed according to the Madrid agreement and (or) the protocol to the Madrid agreement;

The international bureau – the International bureau of World Intellectual Property Organization;

the international register – the official code of data on the international registration which conducts the International bureau according to the procedure, established by the Madrid agreement and the protocol to the Madrid agreement, irrespective of the carrier on which they contain;

date – day, month, year;

mutatis mutandis (mutatis mutandis) - with corresponding changes (in the understanding which is available in TRIPS (TRIPS) – the agreement on trade aspects of intellectual property rights);

the state authorized body - the body of system of public administration authorized by the law in the sphere of intellectual property which functions connected with protection of intellectual property, and also other functions provided by this Law, according to the procedure, provided by this Law, the office of intellectual property of this body performs;

appeal council – the council created in the state authorized body which resolves the matters of argument connected with legal protection of trademarks;

the notification – transfer of the agenda which is made by the registered mail with the transfer notice or use of other means of communication, including electronic method or personally in hands with the receipt;

fund of requests – set of specification according to requests of trademarks which structure approves the state authorized body.

Article 3. Legislation on trademarks

1. The legislation on trademarks consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this law and other regulations.

2. If international treaties of the Republic of Armenia establish other regulations, than are provided by this law, then regulations of international treaties are applied.

Article 4. Rights of foreign persons

1. According to international treaties of the Republic of Armenia or by the principle of reciprocity foreign persons have the rights established by this law and bear equal responsibility with citizens and legal entities of the Republic of Armenia.

2. Reciprocity availability for use of the principle of reciprocity proves person wishing to use it.

Article 5. Functions of the state authorized body

1. The main functions of the state authorized body within this law are:

1) acceptance and consideration of requests for trademarks, conducting their examination, state registration of trademarks, transfer of registration certificates on behalf of the state;

2) receipt of notifications of the International bureau on the international registration of trademarks, conducting their examination and provision of legal protection to these trademarks in the territory of the Republic of Armenia;

3) acceptance, consideration of the applications about recognition well-known trademarks and acceptance of decisions on them;

4) maintaining the state register;

5) registration of assignment of rights concerning trademarks, the license of trademarks and franchizing in the cases established by the law;

6) rendering the information services relating to trademarks;

7) representation of the Republic of Armenia in the foreign and international organizations in the sphere of intellectual property;

8) performance as the receiving state body for requests, represented according to procedures of the Madrid agreement and the protocol to the Madrid agreement;

9) holding the procedures connected with registration of trademarks and issue of certificates;

10) implementation of other functions within the powers.

2. According to international treaties of the Republic of Armenia and within the agreements signed with the foreign organizations, the state authorized body performs examination of trademarks. The means formed within these agreements go to the government budget.

3. The state authorized body "Industrial property" publishes data on requests of trademarks and registered trade marks, and also other data relating to the activities in the Official Bulletin.

4. The state authorized body provides with electronic method availability of the trademarks and registered trade marks this about requests to the public.

5. The state authorized body has appeal council which charter and claim treatment procedure approves the Government. The decision of appeal council is considered the final decision of the state authorized body. Any decision of appeal council can be appealed in court.

Article 6. State fees

1. According to this law for making of the certain actions connected with acquisition of rights and observance of the rights the state fees are collected. Types, the sizes and payment due dates of the state fees, return of the state fees, decrease in their sizes, the bases and procedure for release from the state fees are established by the law.

Article 6.1. Times for notification

1. The authorized body within three working days after decision making, by mail either using means of communication or by means of electronic system (including, by means of e-mail specified by the applicant) or other means of electronic communication established by the legislation sends the decision to the applicant. Decisions go in one of the forms specified in this part preferred by the applicant. Regardless of the form preferred by the applicant, the applicant can also get the decision in the penal specified in this part personally in the state authorized body.

2. Other notifications provided by this Law go, and surveys are conducted after the expiration of the corresponding terms provided by the law or within three working days after action execution, by mail either using means of communication or by means of electronic system (including, by means of e-mail specified by the applicant), and also other means of electronic communication established by the legislation.

Chapter 2. Legal protection of trademarks

Article 7. Legal protection of the trademark

1. The legal assistance is provided to the trademark in the territory of the Republic of Armenia:

1) according to the procedure, established by this law, based on its state registration;

2) according to the procedure, established by this law, based on recognition of the trademark well-known in the Republic of Armenia;

3) according to the Madrid agreement or the protocol to the Madrid agreement based on the international registration.

2. Legal protection of the trademark extends to goods and (or) services for which the trademark is registered.

3. The inventory and (or) services for which the trademark is registered can be expanded the owner of right to use of the trademark by means of submission of the new request only according to the procedure, established by this law.

Article 8. Samples which can be registered as trademarks

1. As trademarks the samples having possibility of graphical representation, in particular can be registered:

1) words, phrases, names or slogans;

2) letters or numbers;

3) pictures, images or symbols;

4) three-dimensional images, in particular external text of goods or its packaging (container);

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