Trademark Oppositions in Tajikistan

Cancellations in national trademark registration procedure in Tajikistan

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Tajikistan, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation, revocation or invalidation.

The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention; rights of a registered company name (local or foreign), rights under Art. 8 of the Paris Convention or the equivalent thereto (trade names); rights under Art. 6 ter of the Paris Convention or the equivalent thereto (Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality; if the mark contains the surname, first name, pseudonym or a derivative thereof, or portrait or facsimile of a person known in Tajikistan without the consent of such person, his successor in title or the competent body; a trademark registration may be canceled in case of liquidation of the trademark owner represented by a legal entity.

A request for the cancellation of the trademark registration based on prior rights in a trademark or appellation of origin must be made within five years from the date of publication of the trademark registration particulars in the Official Gazette; no extension of the term is stipulated. A request for the cancellation of the trademark registration on other grounds may be filed during the entire term of validity of the trademark.

In case of non-use grounds, the term to begin the procedure is after three years of non-use.

If you are facing oppositions in national trademark registration procedure in Tajikistan, please contact us at office@trademark-oppositions.com.