ARMENIA Law and Practice Contributed by: Sarkis Knyazyan, Svetlana Mkrtchyan, Anahit Aloyan and Rita Parzyan, Concern Dialog
4.7 Revocation, Change, Amendment or Correction of an Application The trade mark application may be revoked and corrected. Changes and amendments in the application may be allowed, provided that they are not substantial (ie, are not material altera - tions from the initial application). Amendments with additional classes of goods and services will be rejected, but reduction of classes or spe - cific goods and services is allowed. If allowed, the applicant must pay a state/official fee for making amendments, changes and corrections to the application. There is no state/official fee for revocation of a trade mark application. 4.8 Dividing a Trade Mark Application Armenian law allows division of a trade mark application into two or more applications, pro - vided that the applicant pays the official/state fees and files a relevant application. As a rule, applications get divided in the event of partial registration. If an applicant wishes to register the approved classes and appeal the rejected once, it normally divides the application into approved and rejected classes. Thereafter, applicants request to register applications with approved classes and appeal applications with rejected classes. 4.9 Incorrect Information in an Application The provision of false documents and/or infor - mation by the applicant, for the purposes of achieving trade mark registration, may lead to rejection of the trade mark application by the Armenian IP Office or invalidation of the trade mark registration by the Administrative Court. In the event of typos or other incorrect infor - mation (mistakes, errors) the applicant may be
AMD40,000. The official/state registration fee is AMD50,000 and is paid, after the Armenian IP Office makes a decision on registration of the trade mark. Trade mark applications may be filed by both individuals and legal entities. Foreign applicants are not required to appoint and be represented by an attorney licensed to practice in Arme - nia. However, considering that all documents are filed and received in Armenian language, it is practically impossible for foreign applicants (non-Armenian speakers) to draft and file appli - cations in Armenian. 4.5 Use in Commerce Prior to Registration Armenian law does not require that an applicant use its trade mark in commerce before the reg - istration is issued. 4.6 Consideration of Prior Rights in Registration The Armenian IP Office does consider the exist - ence of prior rights in the examination of an application for registration. Such prior rights may include pending or registered trade marks filed through national procedure or through interna - tional procedure designating Armenia. In addi - tion, the Armenian IP Office may consider the actual use of trade marks in Armenia or outside of Armenia, if they are confusingly similar to the filed trade mark, are likely to confuse consumers and the applicant acted in bad faith (ie, knew or could have known about the existence of such prior rights). Copyright, designs, geographical indications and other prior rights may also be considered by the Armenian IP Office.
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