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, a certificate issued by the Armenian Intellectual Property Agency (AIPA) will be sufficient for this purpose. The plaintiff asserting infringement or dilution will also have to prove all facts establishing that the alleged infringing acts took place and that the defendant participated in such infringing acts.

Any type of evidence (invoices, samples of the infringing products, catalogs, brochures) that is deemed to be appropriate may be brought forward, and it is up to the court to decide how much weight should be attached to a piece of evidence.

A mark is infringed by the use of an identical sign for identical goods or services, or of an identical or similar sign for identical or similar goods or services provided that the risk of confusion may arise on the part of the public, which may also consist in a risk of association. A mark which enjoys good reputation in Armenia is also infringed by the use of an identical or similar sign which permits any unfair advantage to be taken of, or is detrimental to, the distinctive character or reputation of the registered mark, irrespective of any likelihood of confusion or association (art. 12 of the Armenian Law on Trademarks).

In criminal cases, an investigator will be appointed to conduct investigations in order to establish infringement.

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

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