October 21, 2013

Protection of unregistered trademarks in Armenia

Although it is recommended that trademarks be registered in Armenia, trademark rights may be established without registration through the actual use of a sign in the course of trade insofar as the sign has become well-known among the relevant public in Armenia. Such signs acquire protection not by means of being registered but through the actual use.

The list of well-know signs is maintained by the Armenian Intellectual Property Agency (AIPA). A well-known sign is included in the list by decision of the AIPA Appellate Committee if the sign has attained a certain degree of recognition among the relevant public in Armenia.

Furthermore, a sign used domestically without trademark registration may be protected under unfair competition law, in particular pursuant to article 12 of the Law on Protection of Economic Competition.

In addition, a sign may not be granted trademark protection if it is similar to an unregistered but well-known sign used in the territory of Armenia.

Armenian law also grants provisional protection to trademark applications.

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