Standing for Bringing Trademark Violation Action in Armenia

In Armenia, the standing to bring a trademark violation action depends on the specific circumstances and parties involved:

1. Trademark Owner: The owner of the infringed trademark (or the applicant for the trademark) has the standing to bring a trademark infringement action.

2. Licensees: Licensees may bring an infringement action, but their ability to do so typically depends on the terms of the license agreement. In most cases, licensees require the consent of the trademark owner to initiate such actions. However, if the license agreement allows, licensees can proceed independently. Exclusive licensees, in particular, may proceed independently if the trademark owner does not take action within a reasonable period of time after receiving a request from the licensee.

3. Intervention: Licensees also have the option to join an action brought by the trademark owner to claim their own damages. This intervention does not require the consent of the trademark owner.

4. Nullity Action: A nullity action against a trademark may be initiated not only by the owner of a confusingly similar prior trademark but by practically any person.

5. Criminal Proceedings: In criminal proceedings related to trademark infringement, the trademark owner, licensees, and other interested parties all have the standing to bring a complaint.

   
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