of October 23, 2008 No. 221-III
About trademarks, service marks and names of places of goods origin
This Law governs the relations arising in connection with legal protection and use of trademarks, service marks and names of places of goods origin.
In this Law the following basic concepts are used:
Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883.
Protocol to the Madrid agreement - The protocol to the Madrid agreement on the international registration of signs accepted in Madrid on June 27, 1989.
Objects of industrial property - in relation to this Law trademarks and service marks (further - trademarks), names of places of goods origin.
The trademark - the designation serving for individualization of goods of the legal entity or the physical person who is engaged in business activity without formation of legal entity.
Service mark - the designation serving for individualization of the performed works and/or the rendered services (further - services) the legal entity or the physical person who is engaged in business activity without formation of legal entity.
The name of the place of goods origin - designation of geographical object with which special characteristics of goods are connected.
Person - the physical person who is engaged in business activity without formation of legal entity or the legal entity.
The applicant - the person who submitted the application and applying for registration of the trademark or for right to use by the name of the place of goods origin; person who submitted the application for recognition of the trademark well-known.
The request - set of the documents necessary for registration of the trademark, registration of the name of the place of goods origin and/or provision of right to use by the name of the place of goods origin.
The first request - the application for object of industrial property submitted to relevant organ of the State Party of the Parisian convention by which date of giving the conventional priority is established.
The conventional request - the request for the trademark with purchase of conventional priority.
Trademark priority - superiority in time when implementing application for registration of the trademark.
Conventional priority - the trademark priority established by date of submission of the first request in relevant organ of the State Party of the Parisian convention.
Homogeneous goods or services - the goods and/or services relating to one sort, type of goods and/or services which when marking by similar trademarks can create at the consumer idea of their accessory to one producer.
MKTU - The international classification of goods and services for registration of signs.
VKIETZ - Vienna classification of graphic elements of the trademark.
The certificate on the trademark - the security document of Turkmenistan for the trademark confirming official registration, priority and exclusive right of its owner for the trademark concerning the goods and/or services specified in the certificate.
The certificate on right to use by the name of the place of goods origin - the security document of Turkmenistan confirming right to use with the registered name of the place of goods origin.
The owner of the trademark - person having exclusive right on the trademark.
Trademark concession - assignment of rights on the trademark its owner to other person based on the agreement.
The license for the trademark - permission to use of the trademark provided by the owner to other person according to the license agreement.
The bulletin - the official periodical of Public service on intellectual property the Ministry of Finance and Economy of Turkmenistan intended for the publication of data on the objects of industrial property registered in Turkmenistan.
Counterfeit goods - goods, labels and packagings of these goods on which are illegally used registered trade mark, the name of the place of goods origin or similar to them to extent of mixing designation.
The patent agent - the citizen of Turkmenistan who is constantly living in its territory, certified and registered in Public service on intellectual property the Ministry of Finance and Economy of Turkmenistan, and representing on professional basis the interests of physical persons and legal entities in acquisition of rights and protection of the rights to intellectual property items.
1. State regulation in the field of protection of intellectual property items is performed by Public service on intellectual property the Ministry of Finance and Economy of Turkmenistan (further - Turkmenpatent).
Туркменпатент according to the competence:
- takes cognizance of requests, carries out according to them expertize and performs state registration of trademarks and names of places of goods origin;
- issues security documents of Turkmenistan and keeps the state registers;
- registers license agreements and agreements on concession of trademarks;
- makes changes to registration of trademarks and the name of places of goods origin;
- performs the periodic publication in the bulletin of data on the protected objects;
- considers objections of interested persons about the violated or disputed rights in the field of protection of industrial property;
- develops suggestions for improvement of the patent legislation of Turkmenistan and to the conclusion of international Treaties in the field of intellectual property;
- carries out certification and registration of patent agents.
2. The Ministry of Finance and Economy of Turkmenistan within the Powers provided to Turkmenpatent by this Law, other regulatory legal acts of Turkmenistan provides accomplishment of the obligations undertaken by Turkmenistan according to international treaties concerning legal protection of intellectual property items.
1. As trademarks verbal, graphic, volume and other designations or their combinations can be registered.
2. The trademark can be registered in any color or color combination.
1. Legal protection of the trademark in Turkmenistan is provided based on its state registration according to the procedure, established by this Law, or owing to international treaties which participant is Turkmenistan.
The right to the trademark is protected by the law and makes sure the certificate.
2. State registration of the trademark is valid within ten years from receipt date of the request in Turkmenpatent.
3. The trademark can be registered addressed to the legal entity or physical person making goods or rendering services (further - goods).
4. Temporary legal protection is provided to the declared designation from the date of pronouncement by Turkmenpatent of the notification on adoption of the request to consideration before registration date in the Register. Temporary legal protection is considered not come if the decision on refusal in registration of the trademark is made. Person using designation during action of its temporary legal protection pays to the owner of the trademark after its registration the monetary compensation determined by the agreement of the parties.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.
The document ceased to be valid since June 19, 2019 according to part 1 of article 38 of the Law of Turkmenistan of June 8, 2019 No. 141-VI