Burden of Proof to Establish Trademark Infringement in Armenia

In Armenia, the burden of proof to establish trademark infringement generally falls on the plaintiff (the party bringing the infringement claim). Here are the key points regarding the burden of proof in trademark infringement cases:

1. Ownership of the Trademark: The plaintiff must prove that they are the rightful owner or licensee of a valid trademark. If the trademark is registered, a certificate issued by the Armenian Intellectual Property Agency (AIPA) is typically sufficient to establish ownership.

2. Infringing Acts: The plaintiff asserting infringement must prove that the alleged infringing acts occurred and that the defendant participated in these acts. This may involve providing evidence such as invoices, product samples, catalogs, brochures, or any other appropriate documentation.

3. Standard of Infringement: Trademark infringement can occur in several ways, including:

   • Use of an identical sign for identical goods or services.
   • Use of an identical or similar sign for identical or similar goods or services, leading to a risk of confusion or association.
   • Use of an identical or similar sign that takes unfair advantage of or is detrimental to the distinctive character or reputation of the registered trademark, regardless of a likelihood of confusion.

4. Evidence in Court: Any type of evidence that is deemed appropriate may be presented in court. The court will evaluate the weight and relevance of the evidence provided by both parties.

In criminal cases related to trademark infringement, an investigator is typically appointed to conduct investigations and gather evidence to establish the infringement.

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