ARMENIA Law and Practice Contributed by: Sarkis Knyazyan, Svetlana Mkrtchyan, Anahit Aloyan and Rita Parzyan, Concern Dialog
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks Armenian Trade Mark Law protects the following types of signs or source-identifiers: • trade marks/service marks (word marks, pic - torial marks, combined marks, audio-visual marks, slogans, three-dimensional trade marks); • collective marks; • certification marks; • geographical indications; • designations of origin; • traditional speciality guaranteed; and • designs. Scent is not subject to registration as a trade mark. Trade marks solely consisting of Arabic, Chinese, Japanese, Korean, Georgian or other similar words, letters, characters are not sub - ject to registration due to lack of distinctiveness. Trade marks containing such words, letter or characters may be registered, if they are dis - claimed and are combined with Armenian, Latin or Cyrillic words/letters, any symbols or pictorial elements. Armenia does not have any specific marks that are protected by statute in a way different than ordinary marks. Foreign famous trade marks, per se, are not pro - tected in Armenia, without registration. However, the Armenian IP Office may refuse registration of a trade mark (i) which is confusingly similar to a trade mark being in use in Armenia or outside of Armenia, and (ii) is likely to cause confusion among consumers in Armenia, and (iii) if the applicant acted in bad faith (ie, knew or could have known about the use of the earlier mark).
2.2 Essential Elements of Trade Mark Protection Armenian law does not require use in commerce. However, any third party, having legal interest, may file a court action to cancel registration of a trade mark based on non-use, if the mark was not in use for a consecutive period of three years. Only distinctive trade marks are subject to reg - istration. A descriptive trade mark may become registrable, if it acquires distinctiveness (sec - ondary meaning) over some period of time, as a result of extensive use, when consumers identify the brand with a specific source (owner). 2.3 Trade Mark Rights After registration, the applicant (trade mark owner) receives the exclusive right to use the registered trade mark and exclude others from using any identical or similar trade marks that is likely to cause confusion among consumers. All these rights are granted for a period of ten years and may be renewed every ten years. 2.4 Use in Commerce Use in commerce is not required in Armenia for the purposes of registration or maintaining reg - istration. Trade marks that are not in use will not get abandoned automatically. However, any third party having legal interest in an identical or simi - lar trade mark, may file a court action to cancel registration of the mark, if it was not in use for more than three years. The trade mark owner bears the burden of proof. If no evidence of use is submitted by the owner of the trade mark, the court is likely to make a decision on cancellation, based on non-use. 2.5 Notices and Symbols Armenian law does not require use of any sym - bol with a trade mark. However, according to
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