Introduction:

 

Language: Uzbek

Capital: Tashkent

Area: 448,978 km2

Population: 32,121,000 (2016)

Currency: Uzbekistan Som (UZS)

Religion: Muslim (98%), Russian Orthodox (2%)

Geographical situation: Located in Central Asia, Uzbekistan is bordered by five landlocked countries: Kazakhstan to the north; Tajikistan to the southeast; Kyrgyzstan to the northeast; Afghanistan to the south; and Turkmenistan to the southwest.

 

International treaty membership:

 

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

Trademark Law Treaty

Convention Establishing the World Intellectual Property Organization

 

Legislation:

 

Civil code of Republic of Uzbekistan

Law of the Republic of Uzbekistan No. 267-II of August 30, 2001 on Trademarks, Service Marks and Appellations of Origin (as last amended by the Law of the Republic of Uzbekistan No. ZRU-312 of December 26, 2011)

 

Government Institutions:

 

Agency on Intellectual Property of the Republic of Uzbekistan

 

Type of trademark:

 

Symbols, words, three-dimensional and other kinds of symbols or their combination of any color or combination of colors may be registered as trademarks, as well as Collective mark, certified mark, name of commodity origin.

 

Not registrable :

 

-Trademark protected by priority rights.

-Trademark that mislead the consumer.

-No registration shall be allowed for trademarks consisting only of designations that are devoid of distinctive ability or indicate the nature and quality of the goods.

-No registration shall be allowed for marks already protected or recognized as well known in Republic of Tajikistan or by virtue of an international treaty.

-Any designations that use names or symbols related to states or institution. Such element can be incorporated as non protected elements under authorization.

-Symbols and name which are contrary to public interests, principles of humanity and morals.

-Family or given name, or any element attached to a person.

-A title of a work of science, literature or art, known in the country at the date of filing of the application.

 

Application content:

 

For the foreigners, it is necessary to perform the trademark prosecution in Uzbekistan through an agent, a registered Uzbek trademark attorney.

 

-  The request for application should contain:

-  A picture of the symbol claimed for;

-  A list of goods, registration of whose trade mark is solicited for, which are grouped in keeping with the International Classification of Goods and Services for symbol-registration purposes;

-  A document certifying that a certain patent duty charged on request placement has been defrayed;

-  A warrant issued by the applicant in cases where a request is put in via the patent agent;

 

Application process:

 

The application's process is divided in two major parts, the formal examination and the full examination.

The formal examination is carried out within 30 days of placement of the request with the Agency. Thus the Agency will verify the content of the request for registration of the trade mark, the availability of all the necessary documents as well as their compliance with the established requirements concerning what can or cannot be registered as a trademark.

Following an inquiry made by the Agency, additional information should be furnished within 3 months of sending of the inquiry to the applicant. This term may be extended, at the applicant's request, for no more than six months. If the applicant does not present additional information being requested or an application to extend a term of its presentation, the request is considered recalled.

The formal examination procedure having been completed, the applicant is informed of the Agency decision to accept the request for consideration or to deny it.

Following the decision to accept for consideration the request for registration of the trade mark, the Agency examines the symbol claimed for, within 7 months from the date a given request has been placed.

During this full examination of the request, the Agency will verify if is distinctive and not already registered.

In the end of this examination, the Agency makes a decision to register or deny registration of the trade mark.

The Agency decision on registration of the trademark may be revised following the receipt of a request with earlier priority.

If the registration was accepted, the Agency will publish its decision on a registry within three days of receipt of an appropriate document certifying the payment of the established patent duty.

The Agency will also issue the certification of trademark within 10 days after the trademark was recorded on the registry.

 

Refusal:

 

As we explained upon the application might be denied during the formal or full examination, thus the applicant has the right to appeal against the results of

Official examination to the Patent Departments Council of Appeal within 3 months from the date the decision has been taken.

Then, if the applicant still doesn’t agree with the Council of Appeal’s decision, he is entitled to appeal to this decision to the court within 6 months from the date the given decision has been taken.

 

Rights of exploitation and related delay:

 

The right holder has an exclusive right of exploitation of the goods for 10 years from the filing date. It can also be extended for 10 years, the extend demand has to be submitted within the last year of protection.

Thus the right holder is allowed to sue any infringement to its trademark. This also covers the trade marks usage in advertisements, publications, official blank-forms, signboards as well as on exhibits demonstrated at the exhibitions and fairs conducted in the Republic of Uzbekistan.

The right holder can do license agreement with third part or do a transfer of rights with a transfer’s agreement.

The trademark, whose certificates term of validity expires, may not be registered on behalf of another entity within 3 years from the date the certificate of the trade mark has become invalid.

 

 

Transfer:

 

The right holder can transfer its right to another person using a transfer agreement; this transfer is not allowed if this can delude the consumer in respect of the commodity or its manufacturer.

 

Transfer’s conditions:

 

The agreement on transfer of the right to the trade mark or the licensing agreement are both subject to registration with the Agency.

Neither the collective symbol nor the right to use it may be transferred to other entities.

 

Certification:

 

If the registration was accepted, the Agency will publish its decision on a registry within three days of receipt of an appropriate document certifying the payment of the established patent duty.

The Agency will also issue the certification of trademark within 10 days after the trademark was recorded on the registry.

 

Withdrawal and cancellation:

 

The certificate of the trade mark may be invalidated:

-  on the basis of a judgment delivered by the court upon application by the interested entity,

-  failure to use, on a continuous basis, the trademark within any five years from the date of registration,

-  the infringement of an agreement on the use of the collective trade mark.

 

The registration of a trademark can be withdrawn at any time until it is recorded on Agency's register.

 

Customs:

 

If the customs intercept goods infringing the right of a trademark owner to have an exclusive exploitation in the country, custom shall confiscate the goods, and fine the infringer for 50% of the value.

Goods, means of transport and other items which have been confiscated in keeping with the present Customs Code, as well as goods and means of transport, in whose respect an entity has relinquishes its right of ownership are turned into the property of the state and should be sold or destroyed as required under the law.

 

Sources:

WIPO.int: 

Custom code of republic of Uzbekistan March 1, 1998.

Civil code of Republic of Uzbekistan

Law of the Republic of Uzbekistan No. 267-II of August 30, 2001 on Trademarks, Service Marks and Appellations of Origin (as last amended by the Law of the Republic of Uzbekistan No. ZRU-312 of December 26, 2011)

IP-coster.com

 

Vincent Lagier 2017-4-17

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眾律國際法律/專利商標事務所

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