Why apply for a trademark in Armenia?

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Why apply for a trademark in Armenia?

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. The owner of a non-registered trademark may enjoy only limited protection offered by the competition law. Thus, the main benefit of having a registered trademark is that it strengthens enforcement against third-party use of the trademark.

The owner of a registered trademark can claim prima facie validity of its title, whereas the owner of a non-registered trademark must prove his or her right by submitting substantiating materials and documentation.

Moreover, registration of a trademark is recorded on a public database and acts as a deterrent to third parties.

The criminal law is also more willing to protect registered trademarks as opposed to de facto-use trademarks.

In addition to this, trademark applications or registrations can be recorded with the Armenian customs authorities for border enforcement mechanisms such as seizures of counterfeited goods.

Technically well-known (notorious) trademarks are protected in Armenia without registration through the actual use. However, a separate list of such trademarks is maintained by the Armenian Intellectual Property Agency (AIPA). This means that the owner of a well-known trademark still needs to apply for inclusion of that trademark in the list. Once a trademark is recognized by the AIPA as well-known it is granted the same level of protection as a registered trademark.

2014-01-11T10:46:37+04:00 January 11th, 2014|