Uzbekistan Introduces Criteria for Determining Well-Known Trademarks, Transfers IPO Appeal Board to Ministry of Justice
A resolution introducing the criteria for determining whether a trademark is well known entered into force in Uzbekistan on July 2, 2019.
While the Uzbek trademark law implies that, in order to be recognized as well known, a trademark must be widely known among consumers in Uzbekistan as a result of its extensive use, until now there were no specific guidelines for establishing the well-known status.
According to the resolution, a well-known trademark must be recognized in relation to the goods/services for which it is registered by the relevant public sectors including:
- Actual and/or potential consumers in Uzbekistan; or
- Persons involved in the distribution of the goods/services bearing the trademark; or
- Business circles dealing with the type of goods/services to which the trademark applies.
Furthermore, in order to be recognized as well known:
- The relevant sectors of the public must be able to recognize a certain quality of goods or services in connection with the trademark;
- The trademark must have high inherent distinctiveness, or acquired distinctiveness resulting from its extensive use in Uzbekistan, including the use in domain names in the Uzbek country code top-level domain (ccTLD); and
- The trademark must have commercial value resulting from its continuous and extensive use.
Under the resolution, the Board of Appeal (BoA) of the Uzbek Intellectual Property Office (IPO) has been brought under the jurisdiction of the Ministry of Justice. The Minister of Justice is now the Chairman of the BoA. This measure was likely introduced to minimize the IPO’s influence on BoA’s rulings, and to ensure a more impartial review of appeals and observations.
By: Djakhangir Aripov
For more information, please contact Djakhangir Aripov at our Uzbekistan office.
July 2019 News
- Russia Introduces Temporary Pre-Grant Protection for Industrial Designs
- Uzbekistan Introduces Criteria for Determining Well-Known Trademarks, Transfers IPO Appeal Board to Ministry of Justice
- Croatia Adds Trademark Data to TMview’s Visual Search
- Latvian and Lithuanian National Patent Data Added to Patentscope
- Romanian Customs Seize EUR 800,000 Worth of Fake Perfume, Cosmetics, Apparel
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- Serbian Customs Seize Fake Apparel
- EAEU Agreement on Collective Management of Copyright Enters into Force
- Croatia Drafts New Patent Act
- Ukraine Increases Official Fees for IPR-Related Services as of July 19, 2019
- EU Adopts Regulation in Support of EU-Based Generics and Biosimilars Producers
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- Hungarian Customs Seize Fake Accessories Worth Over EUR 460,000
- Ukrainian Authorities Seize Fake Medicines