Armenia Trademark Registration and Free Trademark Search

2. How to register a trademark in Armenia

a. Trademark Registration Process in Armenia.

Registering a trademark in Armenia can be challenging, especially for those who are unfamiliar with the local regulations and procedures. The trademark registration process in Armenia requires applicants to meet strict requirements and navigate potential obstacles that may arise during the process.

Some of the challenges that applicants may face during the trademark registration process in Armenia include conducting a comprehensive trademark search, complying with the examination process, communicating in Armenian, and addressing any opposition to the registration.

However, with the help of a professional intellectual property attorney, the process can be made much easier. An experienced attorney can guide applicants through the process, ensure that all legal requirements are met, and help navigate any challenges that may arise.

b. Types of Trademarks in Armenia.

In Armenia, the following types of trademarks can be registered:

1. Word Marks: A word mark consists of words, letters, or numbers, and is the most common type of trademark.
2. Figurative Marks: A figurative mark consists of a design, logo, or image, and may or may not include words.
3. Combined Marks: A combined mark consists of a combination of word and figurative elements.
4. Three-dimensional Marks: A three-dimensional mark consists of a three-dimensional shape of a product, packaging, or container.
5. Sound Marks: A sound mark consists of a distinctive sound or tune that is used to identify a product or service.
6. Collective Marks: A collective mark is a trademark owned by a collective organization, such as a trade union, to distinguish the goods or services of its members.
7. Certification Marks: A certification mark is a trademark that is used to indicate that goods or services meet certain standards or qualifications.

Please note that the trademark must be distinctive and not be confusingly similar to any existing trademarks.

c. Registration requirements in Armenia.

To register a trademark in Armenia, the following requirements must be met:

1. Clear Representation: The trademark must be represented clearly in a way that allows it to be distinguished from any other trademark.
2. Distinctiveness: The trademark must be distinctive and not be confusingly similar to any existing trademarks. It should be capable of distinguishing the goods or services of the applicant from those of other businesses.
3. List of Goods and Services: The trademark application must include a list of the goods and/or services for which the trademark will be used. The list should be specific and comply with the Nice Classification of Goods and Services.
4. Applicant Information: The trademark application must include the name and address of the applicant. If the applicant is a legal entity, such as a company or organization, the application must include the legal entity's name and registration information.
5. Power of Attorney: If the applicant is represented by an attorney or agent, a power of attorney or authorization document must be provided.
6. Payment of Fees: The trademark application fee must be paid in full at the time of filing.

The application process in Armenia may be complex, and the requirements may vary depending on the type of trademark and the specific circumstances of the application. It is highly recommended to seek the assistance of a local intellectual property attorney to ensure that all requirements are met, and the trademark registration process runs smoothly.

d. Trademark Priority in Armenia. 

Armenia recognizes the principle of trademark priority. According to this principle, the first person or entity to use a trademark in commerce is considered the owner of that trademark.

However, Armenia is also a member of the Paris Convention for the Protection of Industrial Property, which provides for the recognition of priority claims based on earlier applications filed in other member countries.

Therefore, if an applicant has previously filed a trademark application in a member country of the Paris Convention, they may claim priority based on that earlier application when filing a trademark application in Armenia. The priority claim must be made within six months of the earlier application, and the Armenian application must be for the same trademark and the same goods or services.

Claiming priority can be advantageous as it establishes an earlier filing date for the trademark, which can help to establish ownership rights and prevent third parties from registering similar trademarks during the priority period.

Please note that claiming priority requires strict adherence to the Paris Convention requirements, and failure to comply with these requirements can result in the loss of priority.

e. Trademark database in Armenia. 

The Intellectual Property Agency of Armenia maintains a trademark database that is publicly accessible online. The database contains information about all registered trademarks in Armenia, including details such as the owner's name, the trademark registration number, the filing and registration dates, and the list of goods and services for which the trademark is registered.

The database also allows users to conduct searches for registered trademarks, as well as trademark applications that have been filed but not yet registered. Searches can be performed based on various criteria, including the trademark owner's name, the trademark itself, and the Nice classification of goods and services.

Access to the trademark database is free of charge and can be found on the Intellectual Property Agency of Armenia's website. It is a useful tool for conducting trademark searches, monitoring the status of trademark applications, and checking for potential conflicts with existing trademarks.

3. Free Trademark Search in Armenia

a. How to perform a detailed trademark search.

Performing a detailed trademark search in Armenia involves the following steps:

1. Determine the search criteria: Before conducting a trademark search, it is important to determine the search criteria, including the name or image of the proposed trademark and the Nice classification of the goods or services for which the trademark will be used.
2. Conduct a search of the trademark database: The first step in conducting a detailed trademark search in Armenia is to search the trademark database maintained by the Intellectual Property Agency of Armenia. This can be done online through the Agency's website. The search should be conducted using the search criteria identified in step 1.
3. Conduct a search of the Internet and marketplaces: In addition to the trademark database search, it is important to conduct a search of the Internet and relevant marketplaces to identify any unregistered trademarks that may be similar or identical to the proposed trademark.
4. Review relevant publications: It may also be useful to review relevant publications, such as industry journals, trade publications, and other relevant sources to identify any existing trademarks or trademark applications that may be relevant.
5. Analyze the search results: Once the search is complete, it is important to analyze the results to determine if any existing trademarks or applications conflict with the proposed trademark. A local intellectual property attorney can assist with this analysis and provide guidance on the best course of action.

Such a detailed trademark search can be complex and time-consuming, therefore, we recommend seeking the assistance of a local intellectual property attorney to ensure that the search is comprehensive and accurate.

b. Where can I search for trademarks?

You can search for trademarks in Armenia through the online trademark database maintained by the Intellectual Property Agency of Armenia. The database is publicly accessible and can be found by the following link: https://www.aipa.am/en/national-procedure-reg/

To search for trademarks, go to the Agency's website and click on the "Search for Trademarks" link. This will take you to the search page, where you can enter search criteria such as the trademark owner's name, the trademark itself, and the Nice classification of goods and services.

The search results will provide a list of registered trademarks that match the search criteria, along with details such as the trademark registration number, the filing and registration dates, and the list of goods and services for which the trademark is registered.

It is important to note that the online trademark database may not be fully comprehensive or up-to-date, and it is always advisable to seek the assistance of a local intellectual property attorney to ensure a comprehensive search is conducted before filing a trademark application.

c. Unregistrable trademarks in Armenia. 

There are some types of trademarks that are generally considered unregistrable in Armenia. These include:

1. Trademarks that are identical or confusingly similar to existing registered trademarks or prior pending applications.
2. Trademarks that are contrary to public policy or morality.
3. Trademarks that consist exclusively of descriptive or generic words or phrases that are commonly used in the relevant industry.
4. Trademarks that are likely to mislead the public or cause confusion, for example, by falsely suggesting a connection with a famous brand or company.
5. Trademarks that contain national or religious symbols, or symbols of other states, without appropriate authorization.
6. Trademarks that are similar to official emblems, flags, or hallmarks, unless authorized by the relevant authorities.
7. Trademarks that consist of or contain geographical indications, unless authorized by the relevant authorities.

The list above is not exhaustive, and there may be other types of trademarks that are considered unregistrable in Armenia. Additionally, there may be certain circumstances under which a trademark that would normally be unregistrable could be registered with appropriate justification or authorization.

4. Trademark Office in Armenia

The agency responsible for trademark registration in Armenia is the Intellectual Property Agency of Armenia, which operates under the Ministry of Economy of Armenia. The Intellectual Property Agency is responsible for the examination and registration of trademarks, as well as the maintenance of the trademark register and the provision of information and services related to trademarks.

a. Address of the Trademark Office in Armenia.

The Intellectual Property Agency of Armenia is located in the capital city, Yerevan, at the following address:

Intellectual Property Agency

Government House 3, Hanrapetutyan St, Yerevan 0010

Republic of Armenia

The Agency's website provides a wealth of information about trademark registration and other intellectual property matters in Armenia, including online resources for trademark searches, trademark registration applications, and information about fees and procedures.

5. After Registration in Armenia. 

a. For how long is a mark valid?

A trademark registration in Armenia is valid for 10 years from the date of filing the trademark application. Upon expiration of the initial 10-year period, the trademark registration may be renewed for successive periods of 10 years each, as long as the trademark owner continues to use the mark and pays the necessary renewal fees.

b. Trademark Registration Certificate.

Once a trademark is successfully registered in Armenia, the Intellectual Property Agency of Armenia issues a trademark registration certificate to the trademark owner. This certificate serves as official proof of the trademark registration and provides important information about the trademark, such as the trademark registration number, the trademark owner's name and address, and the goods and/or services for which the trademark is registered.

The trademark registration certificate is a type of document that should be kept safe and readily accessible, as it may be necessary to provide proof of trademark ownership in various contexts, such as in legal disputes or in dealings with customs officials.

The trademark registration certificate is valid only for the duration of the trademark registration period, which is 10 years in Armenia. The trademark owner must renew the trademark registration and obtain a new registration certificate every 10 years to maintain the validity of the trademark registration.

If you have registered a trademark in Armenia and have not received your registration certificate or have lost it, you can request a duplicate certificate from the Intellectual Property Agency of Armenia.

c. How to maintain your mark after registration?

After registering a trademark in Armenia, it is important to take certain steps to maintain the trademark and ensure its continued protection. Here are some key actions to take:

1. Use the trademark: In Armenia, trademarks must be used in connection with the goods or services for which they are registered in order to maintain their validity. The trademark owner should continue to use the mark in commerce and ensure that the mark is being used properly and consistently.
2. Monitor the trademark: It is important to monitor the marketplace for any potential infringements of the trademark. This can be done by conducting regular trademark searches, monitoring the internet and social media for unauthorized uses of the mark, and keeping an eye on competitor activity.
3. Renew the trademark: In Armenia, trademark registrations are valid for 10 years, after which they must be renewed. The trademark owner should keep track of the renewal date and submit the necessary renewal application and fee to the Intellectual Property Agency of Armenia in a timely manner.
4. Update the trademark registration: If there are any changes to the trademark, such as a change in ownership or a change in the goods or services for which the mark is registered, the trademark registration should be updated accordingly with the Intellectual Property Agency of Armenia.
5. Enforce the trademark: If the trademark is being infringed upon, it is important to take appropriate legal action to protect the trademark rights. This may include sending cease and desist letters, filing a lawsuit, or pursuing alternative dispute resolution methods.

Overall, maintaining a trademark in Armenia requires vigilance and active management to ensure that the trademark remains valid and protected over time. If you have any questions or concerns about maintaining your trademark in Armenia, it is advisable to seek the assistance of an intellectual property attorney.

6. Trademark Renewal in Armenia

a. How to renew a trademark in Armenia. 

In Armenia, trademark registrations are valid for 10 years, after which they must be renewed to maintain their validity. The renewal process can be initiated up to 6 months before the expiration of the trademark registration.

Here are the steps to renew a trademark registration in Armenia:

1. Submit a renewal application: The trademark owner or their authorized representative must submit a renewal application to the Intellectual Property Agency of Armenia. The application should include the trademark registration number, the trademark owner's name and address, and the goods and/or services for which the trademark is registered.
2. Pay the renewal fee: The trademark renewal fee must be paid at the time of application submission. The fee may vary depending on the number of classes of goods or services covered by the trademark.
3. Wait for examination and decision: The Intellectual Property Agency of Armenia will examine the renewal application and may request additional information or documentation if necessary. If the renewal application is accepted, the trademark registration will be renewed for another 10-year period.

The trademark owner is responsible for ensuring that the trademark registration is renewed in a timely manner. Failure to renew the trademark registration may result in the cancellation of the trademark registration.