ARMENIA Law and Practice Contributed by: Sarkis Knyazyan, Svetlana Mkrtchyan, Anahit Aloyan and Rita Parzyan, Concern Dialog
allowed to make changes in the application or in the trade mark registry. 4.10 Refusal of Registration Based on absolute grounds, a trade mark may be refused if it: • is not distinctive; • is descriptive or generic; • is contrary to the public policy or to the principles of humanism or morality, or under - mines national or spiritual values; • may deceive the public in regard to the geo - graphical origin, quality, nature, or producer of the goods or services; • reproduces or includes state emblems, flags or symbols, official state names or their abbreviations, full or abbreviated names of international and intergovernmental organisa - tions, official symbols, as well as hallmarks denoting state control, guarantee and fine - ness, stamps, seals, awards, and other dis - tinguishing signs (as stipulated by the Article 6ter of the Paris Convention), or is likely to create confusion with them; • reproduces marks or emblems, which are not protected by Article 6ter of the Paris Conven - tion, but represents particular public interest; • includes symbols of great importance, in particular religious or cultural heritage, if it contains elements disgracing religious or moral values; • reproduces or includes elements which are identical with or confusingly similar to the images or official names of a cultural heritage of the Republic of Armenia or an international cultural heritage, or is confusingly similar to images of cultural values kept in funds and collections, where the registration is claimed in the name of a person who is not the pro - prietor thereof and does not possess relevant authority;
• consists of or includes a geographical indica - tion and has been filed for such goods, which are not originated from the area bearing this indication, if the use of that mark in the Republic of Armenia misleads the public as for the real origin of the goods; and • consists of or contains a geographical indica - tion ascertaining wines, for wines not origi - nated from the area bearing the geographical indication specified or a geographical indica - tion ascertaining spirits, for sprits not origi - nated from the area bearing the geographical indication specified, even if the real origin of the product is specified or the geographi - cal indication is used in a translated version or in conjunction with such expressions as “sort”, “type”, “style”, “imitation” and similar to them. Registration of a trade mark may also be refused under other circumstances, prescribed by the law. In the event of any office actions (notifications, objections or refusals), applicants have the right to submit responses to such actions and overcome such objections and/or refusals. The basis for overcoming such refusals would greatly depend on the legal grounds of such objections or refusals (absolute or relative). Applicants have two months to submit responses to office actions and/or request additional time of up to six months. 4.11 The Madrid System Armenia is a member of Madrid Agreement and the Protocol. International applications may be filed either in parallel with national application or after completion of the national registration. Applications are submitted through the Arme - nian IP Office, after making the payments of relevant national and international official fees.
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