Here
you may find basic information about legal protection of
intellectual property objects
1.
The Laws of Uzbekistan
LAW
OF THE REPUBLIC OF
UZBEKISTAN
ON TRADE MARKS AND SERVICE
MARKS
AND APPELLATIONS OF ORIGIN
(published on September 22, 2001)
Article 1. Aim of this Law
This Law shall
govern the relations arising in connection with the use
of trademarks, service marks and appellations of origin.
Article 2. Legislation relating to trade marks,
service marks
and appellations of origin
Legislation
relating to trade marks, service marks and appellations
of origin shall consist of this Law and other
legislative acts.
If an
international agreement to which the Republic of
Uzbekistan is party establishes rules other than those
provided for by the laws of the Republic of Uzbekistan
on trade marks, service marks and appellations of
origin, the rules of the international agreement shall
apply.
Article 3. Trade mark and service mark
A trademark
and service mark (hereinafter - trade mark) is a
designation, registered in accordance with the
established procedure, which serves to distinguish goods
and services (hereinafter - goods) of particular natural
and legal persons from identical goods of other natural
and legal persons.
Trademarks
may be individual and collective.
An individual
mark shall be a trademark belonging to an individual
natural or legal person.
A collective
mark shall be a trademark of an association of natural
and/or legal persons, intended to designate the goods
produced and/or sold by them, which have unified
qualitative or other general characteristics.
Pictorial, verbal, three-dimensional and other
designations or combinations thereof, in any color or
color combination, may be registered as trademarks.
Article 4. Legal protection of a trade mark
Legal
protection for a trademark shall be granted on the basis
of its registration in accordance with the procedure
established by this Law, and also on the strength of the
international agreements to which the Republic of
Uzbekistan is a party.
A trademark
may be registered in the name of a natural or legal
person undertaking entrepreneurial activity.
Article 5. Appellation of origin
A name of a
country, population center, locality or other
geographical subject (hereinafter geographical subject),
used to designate a good, the special features of which
are exclusively or mainly defined by the natural
conditions or other factors characteristic of the
geographical subject in question, or by a combination of
natural conditions and these factors, shall be
recognized as an appellation of origin.
Article 6. Legal protection of an appellation of
origin
Legal
protection for an appellation of origin shall be granted
on the basis of its registration in accordance with the
procedure established by this Law, and also on the
strength of the international agreements to which the
Republic of Uzbekistan is a party.
An
appellation of origin may be registered by one or more
natural or legal persons, located in the geographical
subject in question, the name of which is used to
designate the good produced by those persons.
A person who
has registered an appellation of origin shall obtain the
right to use the appellation, if he or she produces a
good, the special features of which are exclusively or
mainly defined by the natural conditions or other
factors characteristic of the geographical subject in
question, or a combination of natural conditions and
these factors.
The right to
use an appellation of origin registered in accordance
with the procedure established by this Law, may also be
granted to another natural or legal person, located in
the same geographical subject and producing a good with
the same special features.
Article 7. Authorized State body
The authorized
State body in the field of protection for trademarks and
appellations of origin shall be the State Patent Office
of the Republic of Uzbekistan (hereinafter the Patent
Office).
The Patent
Office shall:
- help to
devise and implement a unified State policy in the field
of protection for trademarks and appellations of origin;
- examine
applications for the registration of a trademark,
appellation of origin and the right to use such an
appellation, and shall carry out State examination
thereof;
- register
trademarks, appellations of origin and the right to use
such an appellation, and implement agreements on the
assignment of rights to trademarks;
- maintain
the State Register of Trademarks and the State Register
of Appellations of Origin (hereinafter the Register);
issue trademark certificates and certificates for the
right to use an appellation of origin;
- publish
official information on the registration of trademarks
and the provision of the right to use an appellation of
origin;
- grant
other powers in accordance with legislation.
Article 8. Filing of an application for
registration of a trademark,
appellation of origin and the right to use such an
appellation
An application
for the registration of a trademark, appellation of
origin and the right to use such an appellation shall be
filed by a natural or legal person (hereinafter an
applicant) with the Patent Office.
An application for registration of a collective mark
shall be filed on behalf of an association of natural
and/or legal persons, in accordance with the agreement
of its participants to use the collective mark.
The filing
date of an application for registration of a trademark,
appellation of origin and the right to use such an
appellation shall be determined according to the date on
which the Patent Office receives the application.
An
application for registration of a trademark, which lists
several goods, may be divided at the request of the
applicant into two or more parts, and the filing date of
the original application shall be retained.
Article 9. Requirements for an application for
the registration of a trademark
or appellation of origin, and the right to use such an
appellation
An application
for registration of a trademark or appellation of
origin, and the right to use such an appellation shall
relate to a single trademark or appellation of origin.
An
application shall contain:
- a statement
of registration of a designation as a trademark,
appellation of origin, or the right to use such an
appellation;
- an
illustration of the claimed designation;
- a list of
goods, for which registration of a trademark is
requested, grouped together in accordance with the
International Classification of Goods and Services for
the Purposes of the Registration of Marks;
- the name
of the type of good for which registration of an
appellation of origin or the right to use such an
appellation is requested, together with an indication of
its place of production within the limits of a
geographical subject and a description of its special
features.
Attached to
the application shall be:
- a document
confirming payment of the patent fee for filing the
application;
- a
certificate issued by the applicant, where the
application is filed through a patent attorney;
- documents
confirming that the applicant is located in the
geographical subject in question and produces a good,
the special features of which are linked to the natural
conditions or other factors, or a combination of the
natural conditions and these factors, characteristic of
the relevant geographical subject;
- a document
confirming the right of a foreign applicant to use the
claimed appellation of origin in the country in which
the good is produced.
The
requirements for the documents needed to formulate an
application for registration of a trademark, appellation
of origin and the right to use such an appellation shall
be determined by the Patent Office.
Article 10. Designations not registered as
trademarks
The following
shall not be registered as trademarks:
(1)
designations serving as illustrations of State coats of
arms, flags and State awards;
(2) official
names of States, abbreviated or full names of
international or intergovernmental organizations;
(3) official
control, guarantee and hallmarks and seals;
(4)
illustrations of decorations and insignia of State
services used in the Republic of Uzbekistan;
(5)
designations which cannot be distinguished;
(6)
designations which have entered into common use as
designations of goods of a particular type;
(7)
designations representing generally accepted symbols and
terms;
(8)
designations used to characterize goods including types,
qualities, quantities, features, purposes, values and
also the times and places of their production or sale.
(9)
designations which are false or likely to mislead the
user as regards a good or its manufacturer;
(10)
designations formally indicating the true place of
production of a good but giving a mistaken perception
that the good comes from another territory;
(11)
designations representing or containing geographical
names identifying mineral waters, wines or strong
spirits, for the designation of goods not originating in
the place in question, and also where they are used in
translation or in combination with the words “form,”
“type,” “in the style” and so on;
(12)
designations contrary to the interests of society,
principles of humanity and morality;
(13)
designations identical or similar to the point of
confusion with:
- trademarks
previously registered or filed for registration in the
Republic of Uzbekistan on behalf of another person, and
also protected without registration under the
international agreements to which the Republic of
Uzbekistan is a party or enjoying earlier priority in
relation to goods of the same type;
- trademarks
of other persons recognized as generally known in
accordance with the established procedure, in relation
to any goods;
-
appellations of origin protected in accordance with this
Law, apart from the cases of their inclusion as an
unprotected element in a trademark registered on behalf
of a person who has the right to use such an appellation
in relation to any goods;
-
certificated signs, registered in accordance with the
established procedure;
(14)
designations reproducing company names (or part thereof)
known on the territory of the Republic of Uzbekistan and
belonging to other persons who have obtained the right
to these names prior to the date on which a trademark
application in relation to goods of the same kind is
received;
- industrial
designs, the rights to which in the Republic of
Uzbekistan belong to other persons;
- names of
works of science, literature and art known in the
Republic of Uzbekistan, characters therefrom or
quotations, works of art or fragments thereof without
the agreement of the copyright holder or his legal
successors (heirs);
- family
names, first names, pseudonyms and derivatives thereof,
portraits and facsimiles of famous persons without the
consent of such persons, their heirs or the State body,
if these designations are part of the history and
culture of the Republic of Uzbekistan.
The
designations indicated in paragraphs one to four of the
first part of this article may be included as
unprotected elements in a trademark, if agreement
thereto has been given by the corresponding State body
or their owner, and the designations indicated in
paragraphs five to eight of the first part of this
article may be included as unprotected elements in a
trademark, if they do not occupy a dominant position
therein.
Registration
of the designations indicated in paragraphs five to
eight of the first part of this article may be
permitted, provided that these designations have become
distinguishable in practical terms as a result of their
use.
Registration
of a designation, similar to the point of confusion with
a trademark indicated in sections two and three of
paragraph 13 of the first part of this article, may be
permitted, provided that the trademark owner has given
his consent to the registration of this designation.
Article 11. Designations not subject to
registration as an appellation of origin
Designations
shall not be subject to registration as an appellation
of origin if they:
- represent
geographical names which mislead the user as to the
place of production of a good;
- formally
indicate the true place of production of a good but give
the false perception that the good comes from another
territory;
- contain
geographical names not connected with the place in which
a good is produced and which, in the Republic of
Uzbekistan, have entered general use for the designation
of a particular type of good.
Article 12. Trademark priority
The priority
of a trademark shall be established according to the
filing date of the application for registration of the
trademark with the Patent Office.
The priority
of a trademark may be established according to the
filing date of the first application for registration of
the trademark in a State which has acceded to the Paris
Convention for the Protection of Industrial Property
(convention priority), if the Patent Office has received
the application for registration of the trademark within
six months of the date in question.
The priority
of a trademark displayed as an official exhibit or at
officially recognized international exhibitions,
organized on the territory of one of the States which
have acceded to the Paris Convention for the Protection
of Industrial Property, may be established according to
the starting date of the open display of the exhibit at
the exhibition (exhibition priority), if the application
for registration of the trademark has been received by
the Patent Office within six months of the date in
question.
An applicant
requesting the right of convention or exhibition
priority shall be obliged to indicate this, when filing
an application for the registration of a trademark or
within two months of the Patent Office receiving the
application, together with the necessary documents
confirming the legality of such a requirement, or to
submit these documents not later than three months after
the Patent Office receives the application for
registration of the trademark.
Where an
application for registration of a trademark is divided,
the priority for each of the applications shall be
established according to the priority date of the
original application.
Article 13. State examination of an application
for registration of a trademark,
appellation of origin and the right to use such an
appellation
A State
examination of an application for registration of a
trademark, appellation of origin and the right to use
such an appellation shall be carried out by the Patent
Office and shall include a formal examination and an
examination of the claimed designation.
During the
period in which the State examination of an application
for registration of a trademark, appellation of origin
and the right to use such an appellation is conducted,
prior to a decision being taken thereon the applicant
shall be entitled, at his own initiative, to correct,
clarify or supplement the application documents with
information that does not modify the substance of the
application.
During the
State examination process, the Patent Office shall be
entitled to request additional documents from the
applicant, without which the examination cannot be
carried out.
Additional
materials requested for a State examination shall be
submitted within three months of the date on which the
request is dispatched to the applicant. At the
applicant’s request, the period in question may be
extended by a maximum of six months.
The deadlines
missed by an applicant may be renewed by the Patent
Office at the applicant’s request, filed not later than
two months after the deadlines have expired.
Article 14. Formal examination of an application
for registration of a trademark,
appellation of origin and the right to use such an
appellation
A formal
examination of an application for the registration of a
trademark, appellation of origin and the right to use
such an appellation shall be carried out within thirty
days of the date on which the application is filed with
the Patent Office.
As part of a
formal examination, the content of the application for
registration of a trademark, appellation of origin and
the right to use such an appellation, as well as the
presence of the necessary documents and also their
compliance with the established requirements, shall be
verified. On the basis of the results of the formal
examination, the applicant shall be informed of the
decision of the Patent Office to accept the application
for examination or its refusal to do so.
Article 15. Examination of a claimed designation
An examination
of a claimed designation shall be conducted by the
Patent Office in accordance with a decision to accept an
application for registration of a trademark, appellation
of origin and/or the right to use such an appellation
for examination, within nine months of the date on which
the application is filed.
As part of an
examination, it shall be verified whether a claimed
designation complies with the provisions of Articles 3
and 10 of this Law – for the examination of a trademark
– and, for the examination of an appellation of origin
and/or the right to use such an appellation – Articles 6
and 11 of this Law.
On the basis
of the results of an examination, the Patent Office
shall decide to register a trademark, appellation of
origin and/or the right to use such an appellation, or
to refuse such registration, whereupon the applicant
shall be informed accordingly.
A decision of
the Patent Office to register a trademark may be
reviewed in connection with the receipt of the
application enjoying earlier priority, in accordance
with Article 12 of this Law.
Article 16. Appeal against the outcome of a
State examination
An applicant
shall be entitled to appeal the outcome of a State
examination to the Patent Office Appeal Board
(hereinafter - Appeal Board) within three months of the
date on which a decision is taken.
The procedure
for appealing the outcome of a State examination to the
Appeal Board shall be established by the Patent Office.
An applicant
may appeal an Appeal Board decision in the courts within
six months of the date on which the decision was taken.
Article 17. Assignment or withdrawal of an
application for registration of
a trademark, appellation of origin and/or the right to
use such an appellation
An application
for registration of a trademark, appellation of origin
and/or the right to use such an appellation may, at any
stage of its examination, be assigned or withdrawn by
the applicant, but not later than the date on which the
corresponding trademark, appellation of origin and/or
right to use such an appellation is registered.
Article 18. Registration of a trademark,
appellation of origin and/or
the right to use such an appellation
On the basis
of the outcome of a State examination, the Patent Office
shall, within one month of the date on which it receives
the patent-fee payment document, enter a trademark,
appellation of origin, and/or the right to use such an
appellation, in the appropriate register.
The content
of the information entered in the register shall be
determined by the Patent Office.
Article 19. Publication of registration
information
Information on
the registration of a trademark, appellation of origin,
and/or the right to use such an appellation shall be
published in the official gazette of the Patent Office.
The content of the published information shall be
determined by the Patent Office.
Article 20. Trademark certificate and
certificate for the right to use
an appellation of origin
A trademark
certificate shall attest to the registration of a
designation claimed as a trademark, the priority of the
trademark and the exclusive right of the owner to the
trademark in relation to the goods indicated in the
certificate.
A certificate
for the right to use an appellation of origin shall
attest to the registration of a claimed designation as
an appellation of origin and to the right of the
certificate holder to use the designation in relation to
the type of good indicated in the certificate.
A trademark
certificate and a certificate for the right to use an
appellation of origin shall be issued by the Patent
Office within one month of the trademark, appellation of
origin, and/or the right to use such an appellation
being entered in the appropriate register.
The form of
the certificates and the content of the information
indicated therein shall be determined by the Patent
Office.
Article 21. Period of validity of a
trademark certificate and certificate
for the right to use an appellation of origin
A trademark
certificate or certificate for the right to use an
appellation of origin shall be valid for ten years from
the application filing date.
Article 22. Extension of the period of validity
of a trademark certificate and a certificate for the
right to use an appellation of origin
The period of
validity of a trademark certificate or a certificate for
the right to use an appellation of origin may be
extended at the owner’s request, filed during the last
year of its validity, on each occasion for ten years.
The following
documents shall be attached to the request indicated in
the first part of this article:
- a document
confirming payment of the patent fee; a power of
attorney issued by the applicant, where the request is
submitted through a patent attorney;
- a document
confirming that a person entitled to use an appellation
of origin is located in the relevant geographical
subject and produces the good with the features
indicated in the certificate.
Details of
the extension of the period of validity of a trademark
certificate or certificate for the right to use an
appellation of origin shall be entered in the
appropriate register.
The
application filing period indicated in the first part of
this article may be extended at the request of the
certificate holder, filed within six months of the
expiry of the certificate’s period of validity.
Article 23. Amendments to a trademark
certificate and a certificate
for the use of an appellation of origin
The owner of a
trademark or the holder of a certificate for the right
to use an appellation of origin shall inform the Patent
Office of any change to his title, family name, first
name or patronymic, as well as any other changes
relating to the registration of the trademark or
appellation of origin and, for the trademark, of a
reduction in the list of goods in relation to which the
trademark is registered, and any change in the
individual elements of the trademark, which do not
modify its substance.
Details of
the changes shall be entered by the Patent Office in the
appropriate register.
Article 24. Recognition of a trademark
certificate or certificate for the right
to use an appellation of origin as invalid
A trademark
certificate may be recognized as completely or partially
invalid during the entire period of its validity, where
it was issued in violation of the requirements
established in the second part of Article 4 and sections
1 to 12 of the first part of Article 10 of this Law, or
within five years of the date of publication of
information relating to the registration of the
trademark in the official gazette, where it was issued
in violation of the requirements of sections 13 and 14
of the first part of Article 10 of this Law.
A certificate
for the right to use an appellation of origin may be
recognized as invalid throughout its period of validity,
where it was issued in violation of the requirements
established by this Law.
Article 25. Cancellation of the registration of
an appellation of origin, termination
of validity of a trademark certificate or a certificate
for the right to use
an appellation of origin
Registration
of an appellation of origin shall be cancelled as a
result of the:
-
disappearance of conditions characteristic of the
relevant geographical subject and the inability to
produce a good with the features indicated in the
register;
- loss by
foreign natural or legal persons of the right to the
relevant appellation of origin in the country from which
the good originates.
The validity
of a trademark certificate or certificate for the right
to use an appellation of origin shall be terminated as a
result of the expiry of its period of validity.
The validity
of a trademark certificate may be terminated early
either fully or in part, on the basis of a court
decision taken at the request of the person concerned,
where the trademark is not used for an interrupted
period of any five years from its date of registration,
and also where agreements on the use of a collective
mark are infringed. Where the issue of the early
termination of the validity of a trademark certificate,
as a result of its non-use, has to be resolved, proof
presented by the trademark owner of the non-use of the
trademark owing to circumstances beyond his control may
be taken into account.
The validity
of a trademark certificate or a certificate for the
right to use an appellation of origin shall be
terminated early on the basis of:
- a decision
of the Appeal Board;
- a request
submitted by the owner to the Patent Office;
- a court
decision.
Article 26. Exclusive right to a trademark
A trademark
owner shall have the exclusive right to use and to
dispose of the trademark.
The exclusive
right to a trademark shall be valid in relation to the
goods indicated in a certificate and shall be enforced
for the period of validity of registration, beginning
from the date of publication in the official gazette of
the Patent Office.
A violation
of the exclusive right to a trademark shall be
recognized in the case of unauthorized manufacture,
application, import, offer for sale, sale, other
introduction into public circulation or storage for this
purpose of a trademark or good designated by the mark,
or of a designation similar to the point of confusion,
in relation to goods of the same type.
Article 27. Use of a trademark
The use of a
trademark shall include its application on goods, for
which the trademark is registered and/or their packaging
by the trademark owner or a person to whom such a right
is granted on the basis of a licensing agreement, in
accordance with Article 30 of this Law.
The
application of a trademark in advertising, printed
editions, on official forms, signs, and display of
exhibits at exhibitions and fairs held in the Republic
of Uzbekistan may be recognized as use.
Natural and
legal persons carrying out mediation activity may, on
the basis of an agreement, use their trademark in
addition to the trademark of the manufacturer of goods.
Article 28. Use of an appellation of
origin
The use of an
appellation of origin shall include its application on a
good, packaging, signs, official forms, in advertising,
printed editions and other documentation, connected with
the introduction of the good into public circulation.
Alienation,
acts for the assignment of the right to use an
appellation of origin and provision of the right to use
such an appellation on the basis of a licensing
agreement shall not be permitted.
The use of a
registered appellation of origin by persons not in
possession of a certificate for the right to use such an
appellation shall not be permitted, even if in such a
case the genuine place of origin of the good or its name
is used in translation or in combination with the words
“form,” “type,” “in the style” and so on, as well as the
use of a similar designation for any goods, which may
mislead the consumer as to the place of origin and
special features of the good.
Article 29. Preventive marking
The owner of a
trademark or of a certificate for the right to use an
appellation of origin may place, next to the trademark
or appellation of origin, preventive marking in the form
of the Latin letter “R” or “R” in a circle, indicating
the fact that the designation applied on the good or
packaging is registered in the Republic of Uzbekistan as
a trademark or appellation of origin.
Article 30. Assignment of the right to a
trademark
The exclusive
right to a trademark may be assigned by its owner to
another person by agreement.
Assignment of
the right to a trademark shall not be permitted, where
this may mislead a consumer as to the good or its
manufacturer.
The right to
use a trademark may be granted by the trademark owner
(licensor) to another person (licensee), based on a
licensing agreement.
The licensing
agreement shall contain a condition that the quality of
the licensee’s goods shall be not lower than the quality
of the licensor’s goods, and that the licensor will
verify compliance with this condition.
An agreement
to assign the right to a trademark or a licensing
agreement shall be subject to registration with the
Patent Office.
A collective
mark and the right to use it may not be assigned to
other persons.
Article 31. Transfer of a trademark during
reorganization of a legal person – trademark owner
In the case of
a merger of legal persons – trademark owners, trademarks
shall be transferred to the newly registered legal
person.
In case of
the division of a legal person – trademark owner, the
trademark shall be transferred to the newly registered
legal person, to whom production of the goods shall
pass. In cases where parts of the production of goods,
for which the trademark is registered, are retained by
the trademark owner, both legal persons may, with their
agreement (consent) be recognized as the joint owners of
the trademark. Any appropriate agreement (contract)
shall be subject to registration with the Patent Office.
In cases
where a legal person – trademark owner is affiliated to
another legal person, the right to the trademark shall
be transferred to the latter party.
Article 32. Conditions for the re-registration
of a trademark
A trademark,
for which the period of validity of the certificate has
expired, may not be re-registered on behalf of another
person within three years of the date of termination of
the validity of the trademark certificate. The
provision in question shall also be extended to cases of
refusal thereof by the trademark owner, prior to the
expiry of the period of validity of the trademark
certificate.
Article 33. Patent fees
Patent fees
shall be levied for the performance of legally
significant acts connected with the registration of
trademarks, appellations of origin or the right to use
such an appellation. Patent fees shall be paid to the
Patent Office to cover its expenses when performing the
functions provided for by this Law.
The levels of
and procedure for payment of patent fees shall be
determined by the Cabinet of Ministers of the Republic
of Uzbekistan.
Article 34. Patent attorneys
A patent
attorney shall enforce the right to represent natural
and legal persons before the Patent Office.
A citizen of
the Republic of Uzbekistan, residing permanently on its
territory, may be a patent attorney. The qualification
requirements for patent attorneys, and the procedure for
their certification and registration shall be
established by legislation.
Natural
persons residing permanently outside the borders of the
Republic of Uzbekistan or foreign legal persons shall
conduct matters relating to the registration of
trademarks and appellations of origin, and shall carry
out legally significant acts connected therewith,
through patent attorneys registered with the Patent
Office.
Natural
persons residing permanently in the Republic of
Uzbekistan, but temporarily located outside its borders,
may conduct matters relating to the registration of
trademarks and appellations of origin, and shall perform
legally significant acts connected therewith, through a
patent attorney and with an indication of the address
for correspondence within the borders of the Republic of
Uzbekistan.
The powers of
a patent attorney shall be attested by a power of
attorney.
Article 35. Registration of a trademark and
appellation of origin in other States
Natural and
legal persons of the Republic of Uzbekistan shall be
entitled to register a trademark or appellation of
origin in other States in accordance with the
established procedure.
Article 36. The rights of foreign natural and
legal persons
Foreign
natural and legal persons shall enjoy the rights
provided for by this Law, on an equal basis with natural
and legal persons of the Republic of Uzbekistan and
based on the principle of reciprocity.
Article 37. Settlement of disputes
Disputes
connected with legal protection and the use of
trademarks and appellations of origin shall be settled
in accordance with the procedure established by
legislation.
Article 38. Liability for infringement of
legislation relating to trademarks
and appellations of origin
Persons found
to have infringed legislation relating to trademarks and
appellations of origin shall be liable in accordance
with the established procedure.
Back
If you will need to obtain any
additional information don't hesitate to ask us. |