Trademark examination procedure in Armenia

Upon application the Armenian Intellectual Property Agency (AIPA) acknowledges receipt of the application detailing the trademark and the applicant’s name. Within one month following the application the AIPA examines the formalities (e.g. the correct classification). If no irregularities are found, the application will be published in the Official Journal for a two-month opposition period. The Official Journal for trademark applications is available online at http://aipa.am/en/trademark-applications/.

In the meantime the AIPA will proceed ex officio to substantive examination, i.e. check for absolute grounds for refusal (e.g. whether the mark is descriptive) as well as for relative grounds for refusal which are based on prior third-party rights. In other words, the AIPA examines the application for potential conflicts with other trademarks or other prior rights and for this purpose considers all information at hand, including oppositions from third parties. The substantive examination shall take no longer than three months; however this period may be extended if an opposition if filed.

If the AIPA rejects an application the applicant is entitled to request a second examination. The applicant also has the option of amending the trademark to overcome the AIPA’s objection, but in such a case the application date will be deferred to the date of the amendment. If the applicant fails to meet the requirements for registration in respect of only some of the goods or services for which protection is sought the AIPA may grant the registration in part, covering only those goods or services that comply with the requirements.

The decision to grant protection will be published in the (monthly) Official Journal of the AIPA available online at http://aipa.am/en/industrial-property/.

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