of March 31, 2000 No. ZR-41
About trademarks, service marks and names of places of goods origin
(on sosostoyaniya for January 13, 2003)
Accepted by National Assembly of the Republic of Armenia on March 20, 2000
This Law governs the relations connected with registration, legal protection and use of trademarks, service marks and names of places of goods origin.
The trademark and service mark (further - the trademark) are designations, by means of which goods and services of any legal entities or individual entrepreneurs respectively differ from the same goods and services (further - goods), of other legal entities and individual entrepreneurs.
Legal protection of the trademark in the Republic of Armenia is performed based on state registration (daleeregistration) of the trademark according to the procedure, established by this Law, or according to international treaties of the Republic of Armenia.
The right concerning the trademark is protected by the law.
The trademark can be registered addressed to the legal entity or the individual entrepreneur.
To the owner of registered trade mark the certificate on registration of the trademark is granted (further - the certificate on the trademark).
3. The certificate on the trademark certifies the registration fact, trademark priority, and also exclusive right of use of the trademark concerning the goods specified in the certificate the trademark.
1. The exclusive right on the trademark arises from the moment of its registration.
2. The owner of the trademark has exclusive right to own, use and dispose of it, and also to prohibit its use by other persons. Nobody has the right to use the trademark protected in the Republic of Armenia without the permission of the owner of the trademark.
3. The owner of registered trade mark has exclusive right to prohibit the third parties production, application, import, sale and the offer to sale of the trademark or goods designated by this sign in the course of business activity without its permission, and also introduction in economic circulation otherwise or warehousing with the same purpose of the goods designated by this sign or the trademark and implementation of the actions provided by Items 1 and 2 of article 22 of this Law if this trademark тождествен or is similar to extent of mixing to its trademark and is used concerning goods:
a) registered by its trademark;
b) same with the goods registered by its trademark.
4. It is forbidden to use in the course of business activity any designation which is reproduction, imitation or transfer recognized well-known in the Republic of Armenia of the trademark concerning certain goods and similar to this sign to extent of mixing if without the permission of its owner it is used:
a) concerning identical or same goods;
b) concerning not same goods that, misleading, forces to assume communication between these goods and the owner of the well-known trademark provided that such use can cause damage to interests of the last.
This provision extend as well to cases when essential part of designation is reproduction of such well-known trademark or its imitation to extent of mixing.
5. Ceased to be valid
6. If the trademark is registered in the Republic of Armenia addressed to the agent or the representative of the owner of the trademark protected in one of the State Parties of the Parisian convention on protection of industrial property (further - the Parisian convention), without the consent of this owner, then the last has the right to prohibit to the agent or the representative to use this trademark without its permission if they do not produce the evidence justified with their actions.
1. As trademarks can be registered verbal (including words, numbers, letters, names), the graphic, volume, sound and represented in other registration designations or their combinations.
2. The trademark can be registered in any color or color combination.
1. Submits the request for registration of the trademark (further - the request) to Patent authority of the Republic of Armenia (further - Department) the legal entity or the individual entrepreneur (further before completion of this part - the applicant) addressed to whom registration of the trademark is asked.
2. The application can be submitted also through the patent agent registered in Department.
3. Foreign legal entities and individual entrepreneurs run the business connected with registration of trademarks through the patent agents registered in Department. Competence of the patent agent makes sure the power of attorney issued by person addressed to whom registration of the trademark is asked.
4. The procedure for certification and registration of patent agents establishes Department.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since July 1, 2010 according to article 66 of the Law of the Republic of Armenia of May 22, 2010 No. ZR-59