LAW OF TURKMENISTAN

of June 5, 2021 No. 381-VI

About trade names

This Law establishes requirements in case of assignment of trade names to entrepreneurial legal entities of Turkmenistan, governs the relations arising in the field of their legal protection.

Chapter I. General provisions

Article 1. The basic concepts used in this law

For the purposes of this Law the following basic concepts are used:

1) trade name - the designation of the entrepreneurial legal entity allowing to distinguish this person from others when implementing its activities;

2) the trademark (service mark) - the designation serving for individualization of goods (the performed works, the rendered services) the entrepreneurial legal entity.

Article 2. Legislation of Turkmenistan on trade names

The legislation of Turkmenistan on trade names is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.

Article 3. Right to use trade name

1. The owner of trade name has the right to use the trade name belonging to it.

Use of trade name is understood as specifying of trade name:

1) on packaging of any goods or in information on goods, on labels, signs or in any other information sources for the purpose of storage of goods, the offer for its sale, its sale, including its sale for export;

2) during the offer and provision of any service;

3) in business documentation or in advertizing;

4) as the address on the Internet.

The trade name can be also used as component of designations of the trademark (service mark) or match completely with the specified designations or to be part of one or several registered designations belonging to the same owner.

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