Trademark enforcement proceedings in Armenia

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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 an Armenian registered trademark may apply to the Armenian State Revenue Committee to retain infringing goods at the Armenian border. A state fee of approximately $50 shall be paid together with the application. If goods are suspected of infringing trademark rights, the customs authorities shall suspend release of the goods or detain them. The period during which the customs authorities are to take action shall not exceed two years (art. 227 of the Customs Code) and may be renewed as long as the trademark is in force. The customs authorities shall inform the trademark owner and the declarant or holder of the goods of its action. After that information, a period of 10 working days starts for the initiation of further steps, such as posting security and obtaining a preliminary court injunction to suspend the release of the goods by court order.

Armenian law also provides for criminal sanctions. An unlawful use of a trademark that caused damages in large amount (i.e. exceeding approximately $500) is punishable by a fine of approximately $1,200 to $2,400 or arrest of up to three months (art. 197 of the Criminal Code). Such unlawful use of a trademark may also qualify for a lesser administrative offence punishable by a fine of approximately $250 to $500 (art. 158 of the Code of Administrative Offenses).

Proceedings for criminal and administrative remedies may be initiated by means of complaint with the Police and the Intellectual Property Agency respectively.

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

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