Trademark Enforcement Proceedings in Armenia
Court Jurisdiction: Trademark enforcement and infringement actions in Armenia are handled by the courts of general jurisdiction. There are no specialized courts or tribunals specifically designated for trademark cases. Appeals against decisions made by these courts may be brought before the Court of Appeals and, subsequently, the Court of Cassation.
Border Measures: Trademark owners who have registered their trademarks in Armenia can apply to the Armenian State Revenue Committee to retain potentially infringing goods at the country's borders. A state fee of approximately $50 is payable along with the application. Customs authorities are then responsible for suspending the release or detaining the goods if they are suspected of infringing trademark rights. The period during which customs authorities can take action does not exceed two years but may be renewed as long as the trademark is still valid. Trademark owners and the declarant or holder of the goods are informed of these actions. After receiving this information, a 10-working-day period begins during which further steps, such as posting security and obtaining a preliminary court injunction to suspend the release of the goods by court order, can be initiated.
Criminal Sanctions: Armenian law also provides for criminal sanctions in cases of trademark infringement. If an unlawful use of a trademark results in substantial damages (exceeding approximately $500), it is punishable by a fine ranging from approximately $1,200 to $2,400 or a maximum of three months' arrest (as per Article 197 of the Criminal Code). Lesser infringements of trademarks may be treated as administrative offenses, which can result in fines ranging from approximately $250 to $500 (according to Article 158 of the Code of Administrative Offenses).
Initiating Proceedings: Criminal and administrative proceedings related to trademark infringements can be initiated by filing a complaint with the Police for criminal matters or with the Intellectual Property Agency for administrative offenses.
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LL.M. Georgetown University, licensed to practice in both Armenia (license no. 903) and New York (license no. 5148945)
Vardanyan & Partners is a reputable law firm situated in Yerevan, Armenia, which has been providing excellent legal services since its establishment in 2012. Our team of locally licensed, English-speaking attorneys specializes in immigration, incorporation, and compliance matters, ensuring that clients receive expert legal guidance. We are committed to staying up-to-date with the latest changes in legislation and regulations, ensuring that our clients receive the most relevant and accurate advice. At Vardanyan & Partners, we place a strong emphasis on honesty, transparency, and client care.
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