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. The owner of a non-registered trademark may enjoy only limited protection offered by the competition law. Thus, the main benefit of having a registered trademark is that it strengthens enforcement against third-party use of the trademark.
The owner of a registered trademark can claim prima facie validity of its title, whereas the owner of a non-registered trademark must prove his or her right by submitting substantiating materials and documentation.
Moreover, registration of a trademark is recorded on a public database and acts as a deterrent to third parties.
The criminal law is also more willing to protect registered trademarks as opposed to de facto-use trademarks.
In addition to this, trademark applications or registrations can be recorded with the Armenian customs authorities for border enforcement mechanisms such as seizures of counterfeited goods.
Technically well-known (notorious) trademarks are protected in Armenia without registration through the actual use. However, a separate list of such trademarks is maintained by the Armenian Intellectual Property Agency (AIPA). This means that the owner of a well-known trademark still needs to apply for inclusion of that trademark in the list. Once a trademark is recognized by the AIPA as well-known it is granted the same level of protection as a registered trademark.
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