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 list of famous trademarks. In order to have a trademark listed as well-known the applicant shall submit a request to the AIPA Appellate Committee together with evidence showing the level of recognition and payment of a state duty (around USD 600). The Appellate Committee then has two months to affirm the well-known character of the mark. Such affirmation affords the foreign trademark protection equivalent to that of registered trademarks. The list of well-known trademarks is available online at http://www.aipa.am/en/well-tm/.

Even where the foreign trademark is not used and is not well-known in Armenia it is afforded protection insofar as that trademark may preclude the registration of an identical or similar trademark in Armenia. This can happen if there is a likelihood of confusion and the applicant knew or could have known about the existence of the foreign trademark.

It is worth noting that a sign used domestically without any registration may still be protected under unfair competition law.

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

About the Author: