Trademark Infringement Proceedings in Armenia
Initiation of Court Proceedings: Trademark infringement cases in Armenia are typically initiated by filing a written statement of claim with the court of general jurisdiction. The choice of venue depends on the defendant's place of residence. Once served, the defendant is required to file a statement of defense. Both parties are expected to present the relevant facts and include all available documentary evidence in their briefs. After exchanging written briefs and participating in several oral hearings, the case is decided by a legally qualified judge.
Evidence and Expert Opinions: Court proceedings may involve live testimony, court-appointed expert opinions, and party-appointed expert opinions. However, party-appointed expert opinions are typically considered as party allegations. Discovery proceedings can be conducted by the court upon request of the parties.
Duration of Proceedings: The duration of trademark infringement proceedings can vary significantly but generally averages around seven to nine months for a judgment to be issued if no expert opinion is needed. If an appeal is lodged, the Court of Appeal's decision may take an additional five to six months, and proceedings before the Court of Cassation usually take three to four months.
Interim Protective Measures: Interim protective measures can be obtained before or pending litigation and are typically granted ex parte. These measures are meant to prevent the enforcement of a judgment from becoming impossible or more difficult. Court orders related to interim measures cannot be appealed.
Civil Remedies: Trademark owners have access to various civil remedies, including compensation for damages and lost profits. They can also demand the removal of illegally used marks from infringing goods and their packaging. In cases where removal is not possible, the court may order the destruction of the infringing goods. Additionally, the court can require the offender to publicize the fact of infringement in the media at the offender's expense.
Criminal Proceedings: Criminal proceedings for trademark infringement require the filing of a criminal complaint by an injured party. These proceedings involve a pretrial investigation phase, which is conducted in secrecy and determines whether the case should proceed to trial or be dismissed. Trademark owners can join criminal proceedings as aggrieved parties. Civil and criminal proceedings may run concurrently, and the duration of criminal proceedings is similar to that of civil proceedings.
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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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