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) to and from Armenia qualify as acts inside the country that may infringe an Armenian trademark right. Customs authority assistance measures are available against infringing goods.

In the meantime, an alleged infringer’s activities outside Armenia, and possible on-going or closed actions against him in other countries, may be important as supportive evidence to establish infringement or dilution in Armenia.

If a company has a prior foreign (registered or unregistered) trademark and a competitor files in a similar or identical junior trademark in Armenia in order to hinder the first company from entering into the Armenian market then the first company may sue the competitor for having registered its trademark in bad faith so that the junior trademark will be cancelled ex tunc.

Armenian courts may have jurisdiction to judge an action brought against a person domiciled in Armenia for infringement of trademark rights in other jurisdictions. In these cases, acts committed outside Armenia and in the jurisdiction where the alleged infringement took place will be considered.

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

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