Famous foreign trademarks in Armenia

A famous foreign trademark is not afforded protection if it has not been used domestically in Armenia. Such protection is only available where the foreign trademark has become well-known (widely recognized) among the relevant public in Armenia through its actual use. Furthermore, the law requires the Armenian Intellectual Property Agency (AIPA) to maintain a separate [...]

By | 2014-08-23T11:50:26+04:00 January 7th, 2014|Trademarks|Comments Off on Famous foreign trademarks in Armenia

ADR techniques in trademark disputes

ADR techniques, such as mediation and arbitration, are available in Armenia, although not commonly used. This may be because court proceedings in Armenia are, in general, much less costly than in developed countries. Practically all trademark disputes, except for criminal and administrative cases, can be arbitrated. Arbitration is usually based on an arbitration clause contained in [...]

By | 2014-08-23T11:50:26+04:00 January 6th, 2014|Trademarks|Comments Off on ADR techniques in trademark disputes

Remedies for trademark infringement in Armenia

The remedies available to a prevailing plaintiff can include monetary damages, injunction against future infringement, erasure of the infringing sign, seizure and destruction of the infringing goods, and publication of the judgment at the defendant’s expense. The court may also award reasonable attorney’s fees. Criminal remedies are typically pursued separately. Injunctive relief is available to [...]

By | 2017-01-30T13:26:30+04:00 December 16th, 2013|Trademarks|Comments Off on Remedies for trademark infringement in Armenia

Defenses available in Armenia to a charge of trademark infringement

In trademark infringement proceedings in Armenia numerous defenses are available, and depend on the specific facts in question. Generally they can be grouped into four categories. 1.    Non-infringement The defendant may argue that no infringement took place, in particular: The sign complained of is not identical or similar to the plaintiff’s trademark; The goods/services on [...]

By | 2014-08-23T11:50:03+04:00 December 3rd, 2013|Trademarks|Comments Off on Defenses available in Armenia to a charge of trademark infringement

Appeals in trademark litigation in Armenia

There is only one avenue of appeal in civil actions (trademark infringement and dilution) in Armenia, namely from the court of general jurisdiction to the Court of Appeals, and thereafter to the Court of Cassation. Preliminary injunctions and other provisional remedies are not subject to appeal. The appeal shall be filed within one month of [...]

By | 2014-08-23T11:49:57+04:00 November 27th, 2013|Trademarks|Comments Off on Appeals in trademark litigation in Armenia

Trademark litigation costs in Armenia

The trademark litigation costs in Armenia vary and depend, among other things, on the appointed counsel and the complexity of the case, i.e. the documentation needed, witness statements and expert opinions required, translation costs, marketing reports, market surveys, and whether the trademark owner seeks preliminary injunction or other provisional remedies. Overall, the costs of litigation [...]

By | 2014-08-23T11:49:50+04:00 November 26th, 2013|Trademarks|Comments Off on Trademark litigation costs in Armenia

Time frame for trademark infringement action in Armenia

All trademark infringement or dilution proceedings vary in length depending on the workload of the courts, the complexity of the facts and legal questions raised, the documentation needed, procedural difficulties, appeals, etc. On average it takes seven to nine months for a judgment to be issued, if no expert opinion is needed. The first hearing [...]

By | 2014-08-23T11:49:44+04:00 November 22nd, 2013|Trademarks|Comments Off on Time frame for trademark infringement action in Armenia

Obtaining evidence in trademark infringement cases in Armenia

Armenian procedural law does not provide for full discovery, but in pending trademark infringement actions courts may generally order evidence disclosure measures upon request of a party, such as disclosure of documents and inspection of objects. Such orders are directed against either an adverse party or a third party, including government entities. In proceedings on [...]

By | 2017-01-30T13:26:30+04:00 November 20th, 2013|Trademarks|Comments Off on Obtaining evidence in trademark infringement cases in Armenia

Trademark infringement outside Armenia

The general rule is that activities that take place outside the country of registration cannot support a charge of infringement or dilution. Thus, any infringement that takes place in a foreign country, even in a neighboring country, cannot be prevented on the basis of an Armenian trademark. Import and export of products (but not transit) [...]

By | 2017-01-30T13:26:30+04:00 November 19th, 2013|Trademarks|Comments Off on Trademark infringement outside Armenia

Standing for bringing trademark violation action in Armenia

A trademark infringement action may be brought by the owner of (or applicant for) the infringed trademark. A licensee may bring an infringement action only if the trademark owner consents thereto unless the license agreement provides otherwise. Exclusive licensees are entitled to proceed independently if the trademark owner does not take action within a reasonable [...]

By | 2017-01-30T13:26:30+04:00 November 18th, 2013|Trademarks|Comments Off on Standing for bringing trademark violation action in Armenia

Burden of proof to establish trademark infringement in Armenia

There is a general rule that the plaintiff needs to prove all facts that support his claim, whereas the defendant will have to prove all those facts that serve to defend his position. Accordingly, the plaintiff must prove that it is the rightful owner (or licensee) of a valid trademark; if the trademark is registered, [...]

By | 2017-01-30T13:26:31+04:00 November 15th, 2013|Trademarks|Comments Off on Burden of proof to establish trademark infringement in Armenia

Trademark infringement proceedings in Armenia

Court proceedings for trademark infringement in Armenia are typically initiated by filing a written statement of claim with the court of general jurisdiction. The venue is determined by the place of residence of the defendant. Once served the defendant is requested to file a statement of defense. The parties must allege the facts relevant to [...]

By | 2014-08-23T11:49:09+04:00 November 14th, 2013|Trademarks|Comments Off on Trademark infringement proceedings in Armenia

Trademark enforcement proceedings in Armenia

Trademark enforcement and infringement actions in Armenia must be initiated before the courts of general jurisdiction. There are no specialized courts or tribunals to hear such cases. Appeals against the decisions of the courts of general jurisdiction may be brought before the Court of Appeals and further before the Court of Cassation. The owner of [...]

By | 2014-01-07T11:26:04+04:00 November 11th, 2013|Trademarks|Comments Off on Trademark enforcement proceedings in Armenia

Trademark marking in Armenia

Owners of a trademark may use the ® symbol to indicate that the mark concerned has been registered with the Armenian Intellectual Property Agency (AIPA) or to use the phrase “registered mark” (art. 12 of the Armenian Law on Trademarks). The benefit of using such a symbol is that it signals immediately that such trademark [...]

By | 2014-01-07T11:23:29+04:00 November 9th, 2013|Trademarks|Comments Off on Trademark marking in Armenia

Security interests over trademarks in Armenia

Security interests (collateral rights) over trademarks are recognized by Armenian law. The right conferred by a trademark (or trademark application) may be given as a security or may be levied in execution (art. 28 of the Law on Trademarks). Security interests must be contained in a written agreement signed by the parties and specifying the [...]

By | 2014-01-07T11:19:52+04:00 November 8th, 2013|Trademarks|Comments Off on Security interests over trademarks in Armenia

Validity of trademark assignment in Armenia

Assignment of a trademark in Armenia shall be in writing and be registered with the Armenian Intellectual Property Agency (AIPA) in order to be valid (art. 1175 of the Civil Code of Armenia). Thus, failure to register will make the assignment unenforceable not only against innocent third parties but also the assignor and the assignee. [...]

By | 2014-01-07T11:17:47+04:00 November 7th, 2013|Trademarks|Comments Off on Validity of trademark assignment in Armenia

Assignment documentation for Armenian trademarks

Assignments are registered with the Armenian Intellectual Property Agency (AIPA). To register the assignment it is necessary to provide the AIPA with the assignment document which must be in writing and be signed by the assignor (previous owner) to be valid. No notarization or legalization is required. The document should state clearly who the parties [...]

By | 2014-01-07T11:15:56+04:00 November 6th, 2013|Trademarks|Comments Off on Assignment documentation for Armenian trademarks

Trademark assignment in Armenia

The right conferred by the registration of or application for a trademark may be transferred or assigned to another person in respect of some or all of the goods or services for which the trademark is protected. To be valid and enforceable against third parties the assignment shall be recorded with the Armenian Intellectual Property [...]

By | 2017-01-30T13:26:31+04:00 November 5th, 2013|Trademarks|Comments Off on Trademark assignment in Armenia

Trademark licenses in Armenia

To be valid and enforceable against third parties a license agreement shall be recorded with the Armenian Intellectual Property Agency (AIPA). It is possible to specify in the recordal that the license is an exclusive, a sole, or a non-exclusive license, as well as to specify that the license is a partial one having effect [...]

By | 2014-01-07T11:11:33+04:00 November 4th, 2013|Trademarks|Comments Off on Trademark licenses in Armenia

Benefits of trademark registration in Armenia

Registration confers on the owner the exclusive right to use the trademark, to dispose of it and to prevent others from using and registering an identical trademark or a confusingly similar trademark for identical or similar goods or services. The general rule is that only the filing of a trademark gives the owner trademark rights. [...]

By | 2017-01-30T13:26:31+04:00 November 1st, 2013|Trademarks|Comments Off on Benefits of trademark registration in Armenia

Duration and maintenance of registration of trademarks in Armenia

A trademark registered in Armenia remains in effect for 10 years starting with the date of filing the application. At the end of this period it may be renewed for further 10-year periods. In order to maintain the registration, official fees (currently around $300 for a trademark in one class) have to be paid to [...]

By | 2014-01-07T11:02:08+04:00 October 30th, 2013|Trademarks|Comments Off on Duration and maintenance of registration of trademarks in Armenia

Third-party opposition to trademark registration in Armenia

Once a trademark application is accepted, it is published online in the Official Journal (http://aipa.am/en/trademark-applications/) for a two-month opposition period. The most common ground for opposing a trademark is prior rights when the opponent owns an earlier mark that it considers the same as, or similar to, the applicant’s. The opposition may be based on [...]

By | 2014-01-07T10:58:36+04:00 October 29th, 2013|Trademarks|Comments Off on Third-party opposition to trademark registration in Armenia

Appealing a denied trademark application in Armenia

If any objections are raised by the Armenian Intellectual Property Agency (AIPA) at examination stage, the applicant will have the opportunity to persuade the examiner that the objections are not valid. If the objections relate to the goods and services listed in the specification, the applicant will be given the chance to make amendments to [...]

By | 2014-08-01T13:53:54+04:00 October 28th, 2013|Trademarks|Comments Off on Appealing a denied trademark application in Armenia

Use of trademark before and after registration in Armenia

Applications can be made either for trademarks that are already in use or for trademarks that are not yet in use. There is no need to submit any proof of use/intent of use of a trademark even upon renewal. There is an exception, however, where proof needs to be submitted to overcome absolute grounds for [...]

By | 2014-08-01T13:53:03+04:00 October 26th, 2013|Trademarks|Comments Off on Use of trademark before and after registration in Armenia

Trademark examination procedure in Armenia

Upon application the Armenian Intellectual Property Agency (AIPA) acknowledges receipt of the application detailing the trademark and the applicant’s name. Within one month following the application the AIPA examines the formalities (e.g. the correct classification). If no irregularities are found, the application will be published in the Official Journal for a two-month opposition period. The [...]

By | 2017-01-30T13:26:31+04:00 October 25th, 2013|Trademarks|Comments Off on Trademark examination procedure in Armenia

Trademark classification system in Armenia

When applying for a trademark, the applicant will need to provide a list of the goods and/or services for which the mark is intended to be used. The registration system in Armenia is based on an internationally agreed system of classes called the Nice International Classification System (45 classes, comprising 34 for goods and 11 [...]

By | 2014-08-01T13:51:19+04:00 October 23rd, 2013|Trademarks|Comments Off on Trademark classification system in Armenia

Trademark registration time frame and cost in Armenia

A trademark application filed with the Armenian Intellectual Property Agency (AIPA) usually takes about eight months to reach registration, provided no objections are encountered.  Official government fees for trademark registration start from US$72 in one class of goods or services. Extra costs may arise for further classes or in the case of complications (objections, appeals [...]

By | 2017-01-30T13:26:31+04:00 October 22nd, 2013|Trademarks|Comments Off on Trademark registration time frame and cost in Armenia

Protection of unregistered trademarks in Armenia

Although it is recommended that trademarks be registered in Armenia, trademark rights may be established without registration through the actual use of a sign in the course of trade insofar as the sign has become well-known among the relevant public in Armenia. Such signs acquire protection not by means of being registered but through the [...]

By | 2017-01-30T13:26:31+04:00 October 21st, 2013|Trademarks|Comments Off on Protection of unregistered trademarks in Armenia

What may be registered as a trademark in Armenia?

Trademark protection in Armenia is extended to any mark used to distinguish goods and services and that may be graphically presented. A trademark can, for example, consist of letters, numerals, words, including personal names and company names, building names, word combinations, slogans, logos, pictures, drawings, holograms, arrangement of colors, symbols, or combinations of one or [...]

By | 2017-01-30T13:26:31+04:00 October 15th, 2013|Trademarks|Comments Off on What may be registered as a trademark in Armenia?

Trademark applications in Armenia

Any natural and legal person may apply for and own trademarks in Armenia, including non for profit organizations. It is not required for natural persons to be registered as individual entrepreneurs. There are no Armenian residency or citizenship requirements for the applicants. Foreigners enjoy the same legal regime as Armenian residents subject to a reciprocity [...]

By | 2017-01-30T13:26:31+04:00 October 12th, 2013|Trademarks|Comments Off on Trademark applications in Armenia

Licensing of Intellectual Property Rights and Technology Transfer under Armenian Law

The importance of an effective and enforceable system of intellectual property laws and institutions has been acknowledged by the Armenian government and the society at large. A number of legal and institutional reforms have been initiated recently with a view to improving the system of intellectual property rights and enhancing the trade and investment environment [...]

By | 2017-01-30T13:26:31+04:00 February 18th, 2013|Trademarks|Comments Off on Licensing of Intellectual Property Rights and Technology Transfer under Armenian Law