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LAW
REPUBLIC OF UZBEKISTAN
August 30, 2001 No. 267-II
On trade marks, service marks and names
of commodity origin place
The present document was amended in accordance with
Section XV of the Law of the RUz No. 405-II
dtd 30.08.2002,
Article 1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007
Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011
Article 1. The aim of the present Law
The present Law regulates relationships in the field of legal
protection and use of trade marks, service marks and names of commodity
origin place. (In edition of Point 1 of Article 1 of the Law of the RUz
No. ZRU-111 dtd 19.09.2007)
Article 2. Legislation on trade marks, service marks and names of
commodity origin place
The legislation on trade marks, service marks and names of
commodity origin place comprises the present Law as well as other legal
documents.
If a certain international agreement signed by the Republic of
Uzbekistan lays down rules and regulations other than those stipulated
by the legislation of the Republic of Uzbekistan on trade marks,
service marks and names of commodity origin place, the former is
applicable.
Article 3. The trade mark and service mark
The trade mark and service mark ("the trade mark") is a symbol
registered in keeping with the established procedure, which serves to
distinguish goods and services ("the goods") of one legal or natural
entity from similar goods of another legal or natural entity.
Trade marks can be individual and collective.
The individual symbol is a trade mark which belongs to a
separate legal or natural entity.
The collective symbol is a trade mark of an association of
legal and/or natural entities. It is designed to mark goods
characterized by similar qualitative or other common properties, which
these legal and/or natural entities produce and/or sell. Graphic,
wordy, three-dimensional and other kinds of symbols or their
combination of any color or combination of colors may be registered as
trade marks.
Article 4. Legal protection of the trade mark
The legal protection of the trade mark is provided on the basis
of its registration in accordance with the procedure specified in the
present Law as well as on the force of the relevant international
agreements, to which the Republic of Uzbekistan is a party.
The trade mark may be registered on behalf of a legal or natural
entity carrying out entrepreneurial activity.
Article 5. The name of commodity origin place
The name of a country, settlement, area or any other geographic
locality ("the geographic locality") use to mark a commodity, whose
specific properties are exclusively or mainly determined by the natural
conditions characteristic of a given geographic locality or other
factors or by the combination of natural conditions and such factors,
may be recognized as the name of commodity origin place.
Article 6. Legal protection of the name of commodity
origin place
The legal protection of the name of commodity place is provided
on the basis of its registration in accordance with the procedure
stipulated by the present Law as well as on the force of the relevant
international agreements signed by the Republic of Uzbekistan.
The name of commodity origin place may be registered by one or
several legal or natural entities situated in a given geographic
locality, whose name is used to mark commodities they produce.
The name of commodity origin place having been registered, its
owner is granted the right to use it, provided that a given entity
manufactures a commodity, whose specific properties are exclusively or
mainly determined by the natural conditions characteristic of a given
geographic locality or other factors, as well as by the combination of
natural conditions and such factors.
The right to use the name of commodity origin place, registered
as specified in the present Law, may also be granted to other legal or
natural entity situated in the same geographic locality, which
manufactures goods characterized by the same properties.
Article 7. The authorized state body
The Agency for intellectual property of the Republic of
Uzbekistan (hereinafter referred to as the Agency) is considered to be
a state authority body authorized to protect trade marks and names of
commodity origin place. (In edition of Point 1 of Article 7 of the Law
of the RUz No. ZRU-312 dtd 26.12.2011)
Paragraph is stated in edition of Point 1 of
Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011
The Agency shall fulfill the following:
to take part in the development and implementation of unified
state policy in protection of trade marks and names of commodity origin
place;
to accept for consideration applications for registration of
trade marks, names of commodity origin place and the right to use the
name of commodity origin place, as well as to carry out the procedure
for their official examination;
to register trade marks, names of commodity origin place and
the right to use the name of commodity origin place, as well as
agreements on the transfer of the right to trade marks;
to keep the State Registry of trade marks and the State
Registry of names of commodity origin place ("the registry"), as well as
a List of trade marks (hereinafter referred to as the List of famous
trade marks) famous in the Republic of Uzbekistan; (in edition of
Point 2 of Article 1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007)
to issue certificates of trade marks and certificates of the
right to use the name of commodity origin place;
to publish official information on both registration of trade
marks and granting of the right to use the name of commodity origin
place, as well as on recognition of trade mark famous in the Republic of
Uzbekistan. (In edition of Point 2 of Article 1 of the Law of the RUz
No. ZRU-111 dtd 19.09.2007)
to exercise other powers in accordance with the law.
Article 8. Placement of request for registration of the trade
mark, the name of commodity origin place and the
right to use the name of commodity origin place
The request for registration of the trade mark, name of
commodity origin place and the right to use the name of commodity
origin place is placed by a legal or natural entity (hereinafter
referred to as "the applicant") to the Agency.(In edition of Point 2 of
Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
The request for registration of the collective trade mark is
placed on behalf of an association of legal and/or natural entities in
accordance with an agreement on the use of such a collective trade mark
approved by its members.
The date of placement of the request for registration of the
trade mark, the name of commodity origin place and the right to use the
name of commodity origin place is considered to be the date of its
receipt at the Agency.(In edition of Point 2 of Article 7 of the Law of
the RUz No. ZRU-312 dtd 26.12.2011)
The request for registration of the trade mark, which contains
a list of several goods, may be broken down , at the applicants
instance, into two or several requests, with the date of submission of
the initial one being retained.
Part 5 is supplemented in accordance with Point 3 of Article 1
of the Law of the RUz No. ZRU-111 dtd 19.09.2007
The request for the registration of the trade mark protected
earlier by virtue of international agreement of the Republic of
Uzbekistan is placed in keeping with a procedure established by the
Patent Department.
Article 9. Requirements imposed on the request
for registration of the trade mark, the name
of commodity origin place and the right
to use the name of commodity origin place
The request for registration of the trade mark, the name of
commodity origin place and the right to use the name of commodity
origin place should cover one trade mark or name of commodity origin
place.
The request should contain the following:
an application for registration of a symbol as the trade mark,
the name of commodity origin place or the right to use the name of
commodity origin place;
a picture of the symbol claimed for;
a list of goods, registration of whose trade mark is solicited
for, which are grouped in keeping with the International Classification
of Goods and Services for symbol-registration purposes;
the commodity category, registration of whose name of
commodity origin place or the right to sue the name of commodity origin
place is solicited for, with the indication of both the place of its
production within the limits of a certain geographic locality and the
description of its specific characteristics.
The request should enclose the following documents;
a document certifying that a certain patent duty charged on
request placement has been defrayed;
a warrant issued by the applicant in cases where a request is
put in via the patent agent;
documents certifying that the applicant is situated in the
indicated geographic locality and manufactures goods, whose specific
properties are bound up with the natural conditions characteristic of a
given geographic locality or other factors or with the combination of
natural conditions and these factors;
a document certifying a foreign applicants right to use the
name of commodity origin place claimed for in the commodity origin
country.
It is the Agency that specifies a range of requirements
imposed on the documents to be submitted to have the trade-mark,
the name of commodity origin place and the right to use the name of
commodity origin place registered.(In edition of Point 3 of Article 7 of
the Law of the RUz No. ZRU-312 dtd 26.12.2011)
Article 10. Symbols not registered as trade marks
The following symbols are not registered as trade marks:
1) national emblems, flags and awards;
2) official names of countries, abbreviated or full names of
international or intergovernmental organizations;
3) official control - and guarantee marks, hall-marks and stamps;
4) decorations and badges of rank used at state bodies in the
Republic of Uzbekistan;
5) pictures which lack a distinguished capacity;
6) symbols being widely used as the symbols of certain goods;
7) symbols regarded as generally accepted symbols and terms;
8) symbols used to characterize the properties of goods, such
as category, quality, quantity, characteristic features, purpose and
value, as well as the place and time of their production and sale;
9) false symbols or those capable of misleading a consumer in
respect of a given commodity or its manufacturer;
10) symbols, which formally point to the true place of
commodity production, while giving an erroneous idea of another place
of their origin;
11) symbols, which are place-names or contain geographic names
identifying mineral water, wine or strong drinks, to be used to mark
goods not originating from a given locality, as well as translated
symbols and those used with words, such as brand, type, style and the
like;
12) symbols, which are at variance with public interests,
principles of humanity and moral;
13) symbols, which are identical with or similar to the
following symbols and trade marks to the extent that they can easily
been mixed up:
trade-marks of other entities, recognized as generally known in
accordance with the established procedure in respect of goods of every
description;
names of commodity origin place, protected under the present
Law with the exception of cases where they are included in the
trade mark as an unguarded element, registered on behalf of the entity
enjoying the right to use a given name in respect of goods of every
description;
certification symbols registered in keeping with the
established procedure;
14) symbols, which repeat the following ones:
corporate names (or their fragments), well-known in the
Republic of Uzbekistan, which belong to other entities, who have been
conceded the right to use these names prior to submission of the
application for registration of a given trade mark in respect of
similar goods;
production models, the rights to which in the Republic of
Uzbekistan belong to other entities;
titles of works of science, literature and art, which are
well-known in the Republic of Uzbekistan, as well as their characters
and quotations therefrom, works of art or their fragments, without the
permission of the copyrights holder or his successors (heirs);
surnames, names, pseudonyms and derivatives thereof; as well as
portraits and facsimile of famous people without their permission or
the permission of their heirs or an appropriate state authority, in
cases where these symbols are the historical and cultural property of
the Republic of Uzbekistan;
The symbols set up in Point 1 through Point 4, part I of the
present Article may be included in the trade mark as unguarded
elements, if the permission of a corresponding state authority or their
owner is available; as for the symbols referred to in Point 5 through
Point 8, part I of the present Article, they may be included in the
trade mark as unguarded elements, provided that they do not occupy a
dominating position there.
Registration of the symbols indicated in Point 5 through Point
8, part I of the present Article may be allowed on condition that these
symbols have actually become distinguishable as a result of their use.
Registration of a symbol similar to the trade marks mentioned
in paragraphs 2 and 3 of Point 13, part 1 of the present Article to the
extent of being mixed up, may be allowed on condition that the owner of
a given trade-mark gives his consent to registration of this symbol.
Article 11. Symbols not subject to registration as
the name of commodity origin place
The following symbols are not subject to registration as the
names of commodity origin place:
symbols, which are the place names, which can delude a consumer
in respect of the commodity's place of production;
symbols, which formally point to the commodities true place of
production, while giving an erroneous idea of another place of its
origin;
symbols containing geographic names not associated with the
commodities place of production, which have become usual in the Republic
of Uzbekistan as the symbols of certain goods.
Article 12. Priority of the trade mark
The trade marks priority is fixed on the basis of the date of a
request for registration of the trade mark.
The trade marks priority may be fixed on the basis of the date
of submission of the first application for registration of the
trade-mark in a country, which has joined the Paris Convention on
Industrial Property Protection (conventional priority), provided that
the application for trade mark registration is received by the Agency
within 6 months after the indicated date.(In edition of Point 4 of
Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
The priority of the trade marks attached to exhibits, which are
displayed at the official or officially recognized international
exhibitions organized in one of the countries that has joined the Paris
Convention on Industrial Property Protection, may be fixed on the basis
of the date the public demonstration of such exhibits at the exhibition
has started (exhibition priority), provided that the Agency receives
the application for trade mark registration within 6 months after the
indicated date.(In edition of Point 4 of Article 7 of the Law of the RUz
No. ZRU-312 dtd 26.12.2011)
The applicant soliciting for the right of conventional or
exhibition priority must indicate this when submitting an application
for registration of the trade mark or within two months after the
the Agency has received the request for trade mark registration,
with all the necessary documents certifying the lawfulness of such
request being enclosed. Or the applicant should present these
documents within no later than 3 months of receipt by the Patent
Department of the request for trade mark registration. (In edition of
Point 4 of Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
If the request for trade mark registration is broken down into
several requests, the priority of each of them is fixed on the basis of
the initial requests date of priority.
Part 6 is supplemented in accordance with Point 5 of Article 1
of the Law of the RUz No. ZRU-111 dtd 19.09.2007
The trade mark priority may be fixed on the basis of the date of
trade mark priority protected earlier by virtue of international
agreement of the Republic of Uzbekistan.
Article 13. Official examination of the request for
registration of the trade mark, the name of
commodity origin place and the right to use the
name of commodity origin place
Carried out by the Agency, the official examination
of the request for registration of the trade mark, the name of
commodity origin place and the right to use the name of commodity
origin place includes a formal examination procedure and examination of
the symbol claimed for.(In edition of Point 5 of Article 7 of the Law
of the RUz No. ZRU-312 dtd 26.12.2011)
Pending the official examination of the request for
registration of the trade mark, the name of commodity origin place and
the right to use the name of commodity origin place up to the moment an
appropriate decision is made on a given request, the applicant is
entitled, on his own initiative, to amend, specify or supplement his
request with additional data, provided they don't change its essence.
Part 3 is supplemented in accordance with Point 6 of Article 1
of the Law of the RUz No. ZRU-111 dtd 19.09.2007
Pending the official examination of the request for registration
of the trade mark up to the moment an appropriate decision is made on a
given request, the applicant is entitled to divide the initial request
into two or several requests by distribution of goods listed in the
initial request between the requests.
Parts 3 through 5 are regarded as the parts 4 through 6
respectively in accordance with Point 6 of Article 1 of the
Law of the RUz No. ZRU-111 dtd 19.09.2007
When carrying out the official examination procedure, the
Agency has the right to insist on the provision by the applicant
of additional information, without which such an examination proves to
be impossible.(In edition of Point 5 of Article 7 of the Law of the
RUz No. ZRU-312 dtd 26.12.2011)
Following an inquiry made by the Agency, additional
information should be furnished within 3 months of sending of the
inquiry to the applicant. This term may be extended, at the applicants
request, for no more than six months. If the applicant does not present
additional information being requested or an application to extend a
term of its presentation, the request is considered recalled. (In
edition of Point 6 of Article 1 of the Law of the RUz No. ZRU-111 dtd
19.09.2007; Point 5 of Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011)
The specified term missed by the applicant may be restored by
the Agency, following an appropriate application put in by
the applicant no later than two months after the expiry of such a
term. (In edition of Point 5 of Article 7 of the Law of the RUz
No. ZRU-312 dtd 26.12.2011)
Article 14. Formal examination of the request for registration
of the trade mark, the name of commodity origin
place and the right to use the name of commodity
origin place
The procedure for formal examination of the request for
registration of the trade mark, the name of commodity origin place and
the right to use the name of commodity origin place is carried out
within 30 days of placement of the request with the Agency.(In edition
of Point 6 of Article 7 of the Law of the RUz No.ZRU-312 dtd 26.12.2011)
In the course of the formal examination procedure the following
is verified: the content of the request for registration of the
trade mark, the name of commodity origin place and the right to use the
name of commodity origin place, the availability of all the necessary
documents as well as their compliance with the established
requirements. The formal examination procedure having been completed,
the applicant is informed of the Agency decision to accept
the request for consideration or to deny it.(In edition of Point 6 of
Article 7 of the Law of the RUz No.ZRU-312 dtd 26.12.2011)
Article 15. Examination of the symbol claimed for
Following the decision to accept for consideration the request
for registration of the trade mark, the name of commodity origin place,
and (or) the right to use the name of commodity origin place, the
Agency examines the symbol claimed for within 7 months from
the date a given request has been placed. (In edition of Point 7 of
Article 1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007; Point 7 of
Article 7 of the Law of the RUz No.ZRU-312 dtd 26.12.2011)
When carrying out the examination procedure, the Agency
verifies whether the symbol claimed for complies with the
provisions contained in part 1 of Article 3 and Article 10 of the
present Law (with the exception of Point 14 of the first Part of Article
10) in cases where the trade mark is examined; or with the
provisions specified in Article 6 and Article 11 of the present Law in
cases where the name of commodity origin place and (or) the granting of
the right to use the name of commodity origin place are examined. (In
edition of Point 7 of Article 1 of the Law of the RUz No. ZRU-111 dtd
19.09.2007; Point 7 of Article 7 of the Law of the RUz No.ZRU-312
dtd 26.12.2011)
On completion of the examination procedure, the Agency
makes a decision to register or deny registration of the trade mark,
the name of commodity origin place or the granting of the right to
use the name of commodity origin place, with the applicant being
informed in both cases.(In edition of Point 7 of Article 7 of the Law
of the RUz No.ZRU-312 dtd 26.12.2011)
The Agency decision on registration of the trademark
may be revised following the receipt of a request with earlier
priority, in accordance with Article 12 of the present Law.(In edition
of Point 7 of Article 7 of the Law of the RUz No.ZRU-312 dtd 26.12.2011)
Article 16. Appeal against the results of official examination
The applicant has the right to appeal against the results of
official examination to the Patent Departments Council of Appeal ("the
Council of Appeal") within 3 months from the date the decision has been
taken.
Establishing a procedure for appealing against the results of
official examination to the Council of Appeal is in the hands of the
Agency. The applicant is entitled to appeal against a Council of
Appeals decision to the court within 6 months from the date a given
decision has been taken.(In edition of Point 8 of Article 7 of the Law
of the RUz No.ZRU-312 dtd 26.12.2011)
Article 17. Concession or recall of the request for
registration of the trade mark, the name of
commodity origin place and (or) the right to use
the name of commodity origin place
The request for registration of the trade mark, the name of
commodity origin place and (or) the right to use the name of commodity
origin place may be conceded or recalled by the applicant at any stage
of its consideration by the Patent Department, but no later than the
date of registration of the trade mark, the name of commodity origin
place and (or) the right to use the name of commodity origin place,
respectively.
Article 18. Registration of the trade mark, the name of
commodity origin place and (or) the right to use
the name of commodity origin place
Being guided by the results of official registration, the
Patent Department records the trade mark, the name of commodity origin
place and (or) the right to use the name of commodity origin place on a
corresponding registry within three days of receipt of an appropriate
document certifying the payment of the established patent duty. (In
edition of Point 8 of Article 1 of the Law of the RUz No. ZRU-111 dtd
19.09.2007)
A list of details to be recorded on the registry is specified
by the Agency.(In edition of Point 9 of Article 7 of the Law of the RUz
No. ZRU-312 dtd 26.12.2011)
Article 19. Publication of registration-related information
Information on registration of the trade mark, the name of
commodity origin place and (or) the right to use the name of commodity
origin place is published in the Agency official bulletin.
A list of details to be published is specified by the Agency.
(In edition of Point 10 of Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011)
Article 20. The certificate of the trade mark and the
certificate of the right to use the name of
commodity origin place
The certificate of the trade mark gives proof of the fact that
the symbol claimed for as a trade mark has been registered, as well as
the latter's priority and its owners exclusive right to use this trade
mark in respect of goods set out in the certificate.
The certificate of the right to use the name of commodity
origin place gives proof of the fact that (i) the symbol claimed for
as the name of commodity origin place has been registered and (ii) its
owners right to use this name in respect of the commodity stated in the
certificate.
Both the certificate of the trade mark and the certificate of
the right to use the name of commodity origin place are issued by the
Agency within ten days after the trade mark, the name of
commodity origin place and (or) the right to use the name of commodity
origin place have been recorded on the corresponding registries. Both a
certificate blank form and a list of details to be indicated there are
established by the Patent Department. (In edition of Point 9 of Article
1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007;Point 11 of Article 7
of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
Article 21. The term of validity of the certificate of the
trade mark and the certificate of the right to use
the name of commodity origin place
The certificate of the trade mark or the certificate of the
right to use the name of commodity origin place are valid within 10
years from the date of placing the request.
Article 22. Extension of the term of validity of the
certificate of the trade mark and the certificate
of the right to use the name of commodity origin
place
Both the certificate of the trade mark and the certificate of
the right to use the name of commodity origin place may be extended
upon their holders applications to be submitted within the last year of
their term of validity each time for ten years.
The following documents should be enclosed with the application
set out in part 1 of the present Article:
a document certifying that payment of the established duty has
been effected;
a warrant issued by the applicant if the application is
submitted via a patent attorney;
a document certifying that the entity enjoying the right to use
the name of commodity origin place is situated in a given geographic
locality and manufactures goods characterized by the properties
indicated in the certificate.
An appropriate entry concerning the extension of the
certificate of the trade mark, or the certificate of the right to use
the name of commodity origin place is recorded on a corresponding
registry.
The term specified for the submission of an application set out
in part I of the present Article may be prolonged following an
appropriate application sent in by the certificates owner within 6
months after the certificates term of validity has expired.
Article 23. Introduction of amendments into
the trademark certificate of the right to use
the name of commodity origin place
The owner of the trade mark or the owner of the certificate of
the right to use the name of commodity origin place informs the Agency
of any change in its title, surname, name and patronymic, as well
as of other changes pertaining to registration of the trade mark
or the name of commodity origin place. In addition, the Agency should
be informed of any reduction in the list of goods, in whose respect
the trade mark has been registered, as well as of any change in the
latter's separate elements, provided these changes don't alter its
essence. The Agency marks the certificate of the trade mark or the
certificate of the right to use the name of commodity origin place
with a notice certifying the introduction of these amendments, with
an appropriate entry being entered on a corresponding registry.
(In edition of Point 12 of Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011)
Part 2 is supplemented in accordance with Point 10 of Article 1
of the Law of the RUz No. ZRU-111 dtd 19.09.2007
In case of origin of a dispute on recognition of the trade mark
certificate invalid, separate registration of the trade mark for one
good or a part of goods regarding which legal protection is not
contested is singled out according to the application of an owner of the
trade mark from registration of the trade mark valid with respect to
several kinds of goods.
Article 24. Nullification of the certificate of the trade mark
or the certificate of the right to use
the name of commodity origin place
The certificate of the trademark may be nullified, partially or
in full, during the entire term of its validity, if it is issued in
breach of the requirements specified in part II of Article 4 and Point
1 though Point 12, part I, Article 10 of the present Law or it may be
nullified within 5 years from the date information on registration of
the trade-mark has been published in the official bulletin, if it is
issued in breach of the requirements detailed in Points 13 and 14, part
I, Article 10 of the present Law.
The Certificate of the right to use the name of commodity
origin place may be nullified during the entire term of its validity,
if it is issued in breach of the requirements stipulated by the present
Law.
Part 3 is supplemented in accordance with Point 11 of Article 1
of the Law of the RUz No. ZRU-111 dtd 19.09.2007
Trade mark certificate or the certificate for the right to use
the name of commodity origin place is recognized invalid either
completely or partly on the grounds of the decision taken by a Board of
appeal or a court.
Article 25. Abrogation of registration of the name
of commodity origin place, invalidation
of the certificate of the trade mark
or the certificate of the right to use
the name of commodity origin place
Registration of the name of commodity origin may be abrogated
in the following cases:
natural conditions characteristic of a given geographic
locality disappear, hence the impossibility to manufacture goods with
the properties indicated in the registry;
foreign legal or natural entities forfeit the right to use a
given name of commodity origin place in a country of commodity origin.
The certificate of the trade mark or the certificate of the
right to use the name of commodity origin place may be terminated in
connection with the expiry of its validity.
The certificate of the trade mark may be invalidated, partially
or in full, before the appointed time, in the following cases: on the
basis of a judgement delivered by the court upon application by the
interested entity; failure to use, on a continuous basis, the trade-
mark within any five years from the date of registration, as well as
the infringement of an agreement on the use of the collective
trade mark. The trade marks owner may give proofs of the failure to use
a given trade mark for reasons beyond his control, which are to be
taken into account when deciding the question of invalidation of the
trade mark certificate before the appointed time, in connection with
the failure to use it up.
The certificate of the trade mark or the certificate of the
right to use the name of commodity origin place is invalidated before
the appointed time on the basis of the following:
an appropriate decision made by the Council of Appeal;
an application submitted by the owners of the trade mark
certificates to the Agency;(In edition of Point 13 of Article 7 of the
Law of the RUz No. ZRU-312 dtd 26.12.2011)
a judgement delivered by the court.
Article 26. The exclusive right to the trade mark
The owner of trade marks has the exclusive right to use and
dispose of a given trade mark.
The exclusive right to the trade mark covers goods indicated in
the certificate and is exercised until the validity of its registration
expires, beginning from the date of publication in the Agency's
official bulletin.(In edition of Point 14 of Article 7 of the Law of
the RUz No. ZRU-312 dtd 26.12.2011)
Unauthorized production, use, importation, putting up for sale
and sale, as well as other ways of introduction into circulation or
storage for this purpose of the trade mark or goods labelled with this
trade mark, or any symbol similar to the latter to the extent of being
mixed up, in respect of similar goods, are viewed as the infringement
of the exclusive right to the trade mark.
Article 27. The use of the trade mark
The application of the trade mark to goods, for which its has
been registered, and (or) to their packing by the owner of trade-marks
or a person, who is granted such a right under the licensing agreement
in accordance with Article 30 of the present Law, is considered to be
the use of the trade mark.
This also covers the trade marks usage in advertisements,
publications, official blank-forms, signboards as well as on exhibits
demonstrated at the exhibitions and fairs conducted in the Republic of
Uzbekistan.
Legal and natural entities alike, specializing in intermediary
activity, may use, on the basis of an appropriate agreement, their
trade mark together with that of the goods manufacturer.
Article 28. The use of the name of commodity origin place
The application of the name of commodity origin place to goods,
packing, signboards, official blank-forms, advertisements, publications
and other documentation associated with the introduction of goods into
civil circulation is considered to be the use of the name of commodity
origin place.
Alienation, concession of the right to use the name of
commodity origin place and the granting of the right to use the name of
commodity origin place under the licensing agreement are not
permissible.
The use of the registered name of commodity origin place by
entities not enjoying the certificate of the right to use the name of
commodity origin place is not permissible, even if the true commodity
origin place is indicated or the name is used as a translated version
or in combination with words such as type, kind, style etc. It is also
not permissible to apply a similar symbol to any goods, thus misleading
the consumer in respect of the commodities place of origin and specific
properties.
Article 29. Precautionary marking
The owner of the trade mark or the certificate of the right to
use the name of commodity origin place may put down, beside the
trade mark or the name of commodity origin place, precautionary marking
in the form of the Latin letter "R" or encircled "R", which serves to
indicate that the symbol applied to the commodity or its packing is a
registered trade mark or the name of commodity origin place in the
Republic of Uzbekistan.
Article 30. Transfer of the right to the trade mark
The exclusive right to the trade mark may be transferred by its
owner to the other entity under an appropriate agreement.
The transfer of the right to the trade mark is not permissible,
if this can delude the consumer in respect of the commodity or its
manufacturer.
The right to use the trade mark may be given by the trade marks
owner (licensor) to another entity (licensee) under an appropriate
licensing agreement.
The licensing agreement should stipulate that the quality of
the licensee's goods is by no means inferior to that of the licensor's
goods and that the licensor is authorized to control the observance of
this requirement.
The agreement on transfer of the right to the trade mark or the
licensing agreement are both subject to registration with the Agency.
(In edition of Point 15 of Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011)
Neither the collective symbol nor the right to use it may be
transferred to other entities.
Article 31. Passage of the trade mark when re-organizing the
legal entity owner of the trade mark
When legal entities - owners of trade marks are merged, trade
marks are passed into the hands of the newly registered legal entity.
On division of the legal entity owning the registered trade
mark, the latter passes into the hands of the newly registered legal
entity, into whose hands the production of goods is transferred. In
cases where the trade marks owner reserves a portion of production of
the commodity, whose trade mark has been registered, both legal
entities may be recognized as co-owners of the trade mark under an
appropriate agreement (contract) signed.Such an agreement (contract) is
subject to registration with the Agency.(In edition of Point 16 of
Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
If the legal entity, owning the trade mark, joins another legal
entity, the right to the trade mark is passed into the latter's hands.
Article 32. Terms of repeated registration
The trade mark, whose certificates term of validity expires,
may not be registered on behalf of another entity within 3 years from
the date the certificate of the trade mark has become invalid. A given
provision also applies to cases where the trade marks owner
relinquishes the right to the trade mark prior to the expiry of the
certificates term of validity.
Article 32-1 is supplemented in accordance with Point 12 of
Article 1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007
Article 32-1. Famous trade mark
According to an application of legal or natural entity, famous
trade mark in the Republic of Uzbekistan may be recognized the trade
mark protected in the territory of the Republic of Uzbekistan on the
grounds of its registration, the trade mark protected in the territory
of the Republic of Uzbekistan without the registration in accordance
with international agreement of the Republic of Uzbekistan, as well as a
symbol used in the Republic of Uzbekistan as the trade mark but not
enjoying legal protection in the territory of the Republic of
Uzbekistan, if such trade marks or symbol, as a result of their wide use
in the Republic of Uzbekistan as of the date indicated in the
application, became well known among relevant consumers with regard to
goods of this person.
Famous trade mark is granted legal protection stipulated by the
present Law for trade mark.
Article 32-2 is supplemented in accordance with Point 12 of
Article 1 of the Law of the RUz No. ZRU-111 dtd 19.09.2007
Article 32-2. Legal protection of famous trade mark
Legal protection is granted to famous trade mark on the basis of
the resolution of the board of appeal in keeping with the procedure
established by the law.
Trade mark recognized famous is entered in the List of famous
trade marks by the Agency.(In edition of Point 17 of Article 7 of the
Law of the RUz No. ZRU-312 dtd 26.12.2011)
Information related to famous trade mark is published in an
official bulletin of the Agency after to has been entered in the List
of famous trade marks. Content of published information is specified by
the Agency.(In edition of Point 17 of Article 7 of the Law of the RUz
No. ZRU-312 dtd 26.12.2011)
The Agency issues certificate to famous trade mark within ten
days from the date the trade mark has been entered in the List of
famous trade marks. A form of the certificate and a content of
information contained in it is established by the Agency.(In edition of
Point 17 of Article 7 of the Law of the RUz No. ZRU-312 dtd 26.12.2011)
Legal protection of famous trade mark is valid during unlimited
period of time.
Article 33. Patent duties
The performance of legal procedures associated with
registration of trade marks, names of commodity origin place or the
right to use the name of commodity origin place is chargeable, with
certain patent duties being payable to the Agency.These are
used to defray expenses associated with the performance of functions
specified in the present Law. (In edition of Section XV of the Law of
the RUz No. 405-II dtd 30.08.2002;Point 18 of Article 7 of the Law of
the RUz No. ZRU-312 dtd 26.12.2011)
The second Part is stated in accordance with Section XV of
the Law of the RUz No. 405-II dtd 30.08.2002
Rates and terms of payment of patent fees, grounds for
exemption from their payment, fee cuts or their refund, as well a
procedure for the use of patent fees are specified by the Cabinet of
Ministers of the Republic of Uzbekistan.
Article 34. Patent agents
The patent agent exercises the right to represent legal and
natural entities at the Agency.(In edition of Point 19 of Article 7 of
the Law of the RUz No. ZRU-312 dtd 26.12.2011)
A citizen of the Republic of Uzbekistan, domiciled in the
Republic of Uzbekistan, may act as the patent agent. Patent agents
qualified requirements, the procedure for their certification and
registration are specified by the legislation.
Natural entities domiciled outside the Republic of Uzbekistan,
as well as foreign legal entities, carry out registration of trade
marks and names of commodity origin place and execute related legal
actions via the patent agents registered with the Agency.(In edition
of Point 19 of Article 7 of the Law of the RUz No. ZRU-312
dtd 26.12.2011)
Natural entities domiciled in the Republic of Uzbekistan but
temporarily stay outside it, may register trade marks and names of
commodity origin place, as well as execute related legal actions
without the patent agent; they are to indicate address for the purpose
of correspondence within the Republic of Uzbekistan.
Powers of the patent agent are to be attested by the letter of
attorney.
Article 35. Registration of the trade mark and the name of
commodity origin place in other countries
Legal and natural entities of the Republic of Uzbekistan have
the right to register the trade mark or the name of commodity origin
place in other states in keeping with the established procedure.
Article 36. Rights enjoyed by foreign legal and
natural entities
Foreign legal and natural entities enjoy rights stipulated by
the present Law on a par with legal and natural entities of the Republic
of Uzbekistan or on the ground of reciprocity principle.
Article 37. Settlement of disputes
Any disputes, which may arise in connection with legal
protection of trade marks and names of commodity origin place, are
settled in accordance with the procedure stipulated in the legislation
Article 38. Responsibility borne for the violation of the
legislation on trade marks and names of commodity
origin place
Persons identified as having violated the legislation on trade
marks and names of commodity origin place shoulder the responsibility
in accordance with the established procedure.
President
Republic of Uzbekistan I. Karimov