Why and how to register a trademark in Armenia

In Armenia, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Armenian Intellectual Property Agency (AIPA).

Armenia is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

Both trademarks that are already in use or trademarks that are not yet being used may be registered. Prior use of a trademark can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness. Such use must be extensive in order to demonstrate acquired distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Armenia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

In Armenia, opposition actions may be filed by third parties against a trademark application within three (3) months after its publication. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although a trademark does not have to be in use in order for it to register, it must not go unused for longer than five (5) years after its registration or it will become vulnerable to cancellation actions based on lack of use of the trademark. In order to prevent this, either the trademark must be in use or the lack of use must be justified.

Registered trademarks in Armenia have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. There is a grace period of six (6) months after the expiration date during which the trademark renewal may still be requested upon payment of a late renewal additional fee.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Armenia (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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