ADR techniques, such as mediation and arbitration, are available in Armenia, although not commonly used. This may be because court proceedings in Armenia are, in general, much less costly than in developed countries. Practically all trademark disputes, except for criminal and administrative cases, can be arbitrated. Arbitration is usually based on an arbitration clause contained in [...]

The remedies available to a prevailing plaintiff can include monetary damages, injunction against future infringement, erasure of the infringing sign, seizure and destruction of the infringing goods, and publication of the judgment at the defendant’s expense. The court may also award reasonable attorney’s fees. Criminal remedies are typically pursued separately. Injunctive relief is available to [...]

In trademark infringement proceedings in Armenia numerous defenses are available, and depend on the specific facts in question. Generally they can be grouped into four categories. 1.    Non-infringement The defendant may argue that no infringement took place, in particular: The sign complained of is not identical or similar to the plaintiff’s trademark; The goods/services on which [...]

There is only one avenue of appeal in civil actions (trademark infringement and dilution) in Armenia, namely from the court of general jurisdiction to the Court of Appeals, and thereafter to the Court of Cassation. Preliminary injunctions and other provisional remedies are not subject to appeal. The appeal shall be filed within one month of [...]

The trademark litigation costs in Armenia vary and depend, among other things, on the appointed counsel and the complexity of the case, i.e. the documentation needed, witness statements and expert opinions required, translation costs, marketing reports, market surveys, and whether the trademark owner seeks preliminary injunction or other provisional remedies. Overall, the costs of litigation [...]

All trademark infringement or dilution proceedings vary in length depending on the workload of the courts, the complexity of the facts and legal questions raised, the documentation needed, procedural difficulties, appeals, etc. On average it takes seven to nine months for a judgment to be issued, if no expert opinion is needed. The first hearing [...]

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, [...]

Activities that take place outside the country of registration generally 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 [...]

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. Court proceedings are typically initiated by filing a written statement of claim with the court of general jurisdiction. The venue is determined by the place of residence of [...]

A trademark infringement action may be brought by the owner of (or applicant for) the infringed trademark. A licensee may bring an infringement action only if the trademark owner consents thereto unless the license agreement provides otherwise. Exclusive licensees are entitled to proceed independently if the trademark owner does not take action within a reasonable [...]

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 [...]

Security interests (collateral rights) over trademarks are recognized by Armenian law. The right conferred by a trademark (or trademark application) may be given as a security or may be levied in execution (art. 28 of the Law on Trademarks). Security interests must be contained in a written agreement signed by the parties and specifying the [...]

Trademark assignments are registered with the Armenian Intellectual Property Agency (AIPA). To register the assignment it is necessary to provide the AIPA with the assignment document which must be in writing and be signed by the assignor (previous owner) to be valid. No notarization or legalization is required. The document should state clearly who the [...]

The right conferred by the registration of or application for a trademark may be transferred or assigned to another person in respect of some or all of the goods or services for which the trademark is protected. Assignment of a trademark in Armenia shall be in writing and be registered with the Armenian Intellectual Property [...]

To be valid and enforceable against third parties a license agreement shall be recorded with the Armenian Intellectual Property Agency (AIPA). It is possible to specify in the recordal that the license is an exclusive, a sole, or a non-exclusive license, as well as to specify that the license is a partial one having effect [...]

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 [...]

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. [...]

Owners of a trademark may use the ® symbol to indicate that the mark concerned has been registered with the Armenian Intellectual Property Agency (AIPA) or to use the phrase “registered mark” (art. 12 of the Armenian Law on Trademarks). The benefit of using such a symbol is that it signals immediately that such trademark [...]

A trademark registered in Armenia remains in effect for 10 years starting with the date of filing the application. At the end of this period it may be renewed for further 10-year periods. In order to maintain the registration, official fees (currently around $300 for a trademark in one class) have to be paid to [...]

Once a trademark application is accepted, it is published online in the Official Journal (http://aipa.am/en/trademark-applications/) for a two-month opposition period. The most common ground for opposing a trademark is prior rights when the opponent owns an earlier mark that it considers the same as, or similar to, the applicant’s. The opposition may be based on [...]

If any objections are raised by the Armenian Intellectual Property Agency (AIPA) at examination stage, the applicant will have the opportunity to persuade the examiner that the objections are not valid. If the objections relate to the goods and services listed in the specification, the applicant will be given the chance to make amendments to [...]

Upon application the Armenian Intellectual Property Agency (AIPA) acknowledges receipt of the application detailing the trademark and the applicant’s name. Within one month following the application the AIPA examines the formalities (e.g. the correct classification). If no irregularities are found, the application will be published in the Official Journal for a two-month opposition period. The [...]

A trademark in Armenia typically costs about $500 for registration in one class of goods or services. This includes the official fees, as well as lawyers’ costs. Extra costs may arise for further classes or in the case of complications (objections, appeals etc.). Translation costs may be incurred in case of extended lists of products [...]

A trademark application filed with the Armenian Intellectual Property Agency (AIPA) usually takes about eight months to reach registration, provided no objections are encountered. If the AIPA or a third party raises any objections the registration will take longer, and possibly up to several years if parallel court proceedings are initiated. It should be noted [...]

The registration system in Armenia is based on an internationally agreed system of classes called the Nice International Classification System (45 classes, comprising 34 for goods and 11 for services). Each class has different sub-classes. The current version in English is available at the WIPO’s website, www.wipo.org Armenia has been a party to the Nice Agreement [...]

Starting from registration the trademark owner has a five-year grace period within which the trademark cannot be contested on the grounds of non-use. After that period anyone may file a cancellation action based on non-use. In such a case, maintenance of the trademark will depend on proof of use or justification of non-use. Furthermore, the [...]

It is possible to “claim priority” when filing a trademark application. This means that if an applicant files a trademark application in a country outside Armenia that is party to the Paris Convention or the World Trade Organization, priority can be claimed in a corresponding Armenian application, provided the Armenian application is filed within six [...]

Applications can be made either for trademarks that are already in use or for trademarks that are not yet in use. There is no need to submit any proof of use/intent of use of a trademark even upon renewal. There is an exception, however, where proof needs to be submitted to overcome absolute grounds for [...]

Trademark protection in Armenia is extended to any mark used to distinguish goods and services and that may be graphically presented. A trademark can, for example, consist of letters, numerals, words, including personal names and company names, building names, word combinations, slogans, logos, pictures, drawings, holograms, arrangement of colors, symbols, or combinations of one or [...]

A trademark application shall be filed with the Armenian Intellectual Property Agency. It shall contain the following information: name and contact information for the applicant and its representative (if any); description of the trademark; the list of goods and services to be covered by the trademark. The above information shall be filled out in Armenian language. An [...]

Any natural and legal person may apply for and own trademarks in Armenia, including non for profit organizations. It is not required for natural persons to be registered as individual entrepreneurs. There are no Armenian residency or citizenship requirements for the applicants. Foreigners enjoy the same legal regime as Armenian residents subject to a reciprocity [...]