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Use of Trademark Before and After Registration in Armenia
Applications for Use or Non-Use: In Armenia, trademark applications can be filed for marks that are already in use or for those that are not yet in use. Applicants are not required to submit proof of use or intent to use the trademark, even during the renewal process.
Exception for Non-Distinctiveness: However, there is an exception where proof of use is necessary. To overcome absolute grounds for refusal, particularly non-distinctiveness, applicants may need to provide evidence that the mark has acquired distinctiveness through prior use before the application date.
Priority Claims: Applicants can "claim priority" when filing a trademark application in Armenia. This means that if an applicant has filed a trademark application in a foreign country that is a party to the Paris Convention or the World Trade Organization, they can claim priority when filing a corresponding Armenian application. The Armenian application will then be considered as if it had been filed on the same date as the foreign application, providing the applicant with earlier rights. Mere use in a foreign country does not grant priority. Additionally, priority can be claimed if the trademarked goods or services were displayed at an internationally recognized trade show or fair within the last six months.
Five-Year Grace Period: Once a trademark is registered, the owner has a five-year grace period during which the trademark cannot be contested on the grounds of non-use. After this grace period, any party can file a cancellation action based on non-use. To maintain the trademark, the owner must provide proof of use or justify non-use. Furthermore, if the registered trademark has not been effectively used within the five years preceding any claims by the owner, the owner cannot assert claims against third parties.
In Armenia, there is flexibility regarding the use of trademarks before and after registration, with priority claims and a five-year grace period for non-use considerations.
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Armenia is a captivating nation with a rich history and a promising future. Our firm is wholeheartedly committed to supporting individuals and businesses that recognize Armenia's potential and are eager to contribute to its ongoing success.
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Nerses Isajanyan
Managing Attorney
LL.M. Georgetown University, licensed to practice in both Armenia (license no. 903) and New York (license no. 5148945)
About Us
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.