Registration of trademarks in Abkhazia
Registration of a trademark in the Republic of Abkhazia provides the copyright holder with a number of advantages that allow him to provide services or sell / produce goods under a unique name, by which consumers can recognize and distinguish them from similar products / services of competitors.
According to Abkhaz legislation, only a legal entity or a sole proprietor has the right to register a trademark. For this, it is necessary to apply for registration of the trademark of the Patent Office of Abkhazia. Registration of trademarks in the territory of the Republic of Abkhazia is carried out according to the national procedure.
Foreign applicants apply for trademarks and conduct paperwork on it through a representative: the patent attorney of the country in which the legal protection for the trademark is sought.
Benefits of a national registration procedure:
- in countries that are not part of international or regional trademark registration systems, the national procedure is the only way to register designations as trademarks;
- national applications and registrations are independent of applications and trademark registrations in other countries;
- when preparing applications, all the features and requirements of the national law on trademarks are taken into account, which reduces the likelihood of receiving a negative examination conclusion.
According to Article 7 of the Law of the Republic of Abkhazia "On Trademarks, Service Marks and Appellation of origin of goods", one of the requirements for a trademark is that it should not be identical or similar to previously registered trademarks of third parties or applied for registration in the territory of the Republic of Abkhazia. In order to prevent the refusal to register a trademark due to its similarity with a previously registered trademark, it is recommended to search for trademarks for identity and similarity before filing an application.
Conducting a search for trademarks for identity and similarity is included in the range of services of our company and takes only one day.
If the search results revealed that it is possible to apply for registration of a trademark, then the registration process consists of the following steps:
- Filing an application for registration in the Patent Office of the Republic of Abkhazia and formal examination (1 month)
- Substantive examination (from 3 to 6 months)
- Making a decision on the registration of a trademark and issuing a certificate for it (1 month).
The validity of a trademark in Abkhazia is 5 years from the filing date of the application. This period may be extended for the next five years an unlimited number of times, provided that the corresponding fee is paid and the petition is submitted to the Office.
Throughout the entire term of the trademark, its owner has the right to dispose of it at his discretion, including: prohibit or allow third parties to use the trademark, fully or partially transfer rights to it, sell it, etc. Any infringement of the owner’s rights or preparation for such actions is recognized as a violation of the rights of the trademark owner and is prosecuted by law.
It is also worth noting that the rights of the owner of a trademark apply exclusively to the territory of the country or region where it was registered. If you need to obtain trademark protection abroad, you should consider the procedures for registering a trademark in a specific country or region, respectively.
As for the recognition of a trademark as well-known, according to the legislation of the Republic of Abkhazia, legal protection for a well-known trademark is granted on the basis of a decision of the Arbitration Court of the Republic of Abkhazia, adopted at the request of the applicant. Legal protection of a well-known trademark is valid indefinitely.