FAQ - (Frequently Asked Questions)

Q: Are there any features at drawing up of list of goods / services on IC classes?

A: Certainly yes. Basically they concern terminology that is used in the list of goods and services, namely the terminology must maximally coincide with the terminology in the last IC edition. The new or rare terms which are absent in IC must have an explanation. Also the generalized list of goods/services is not recommended. For example, the use only of heading of any IC classes. The fact is that a heading cannot include specific separate rubrics of the goods in some cases . In particular the heading of 10 IC class of the goods as sterile sheets (surgical); blankets electric, for medical purposes; elastic stockings for surgical purposes. The heading of 22 IC class does not include such rubrics as bottle envelopes of straw and 39 IC class does not include electricity distribution etc.

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Also generalized names of goods / services (ready-made garments, the sports goods, lease, intermediary services etc.) can concern to various classes of International Classification of Goods and Services and must be concretized. However, if the applicant produces the big assortment of the goods that have the general area of use it is necessary to use their generalized name, for example, clothes. However, it is not allowed to join together versatile goods under the generalized name (clothes: protective suits for aviators - 9 IC class and suits - 25 IC class). At the same time the list of goods/services mustn't be too much detailed as it can generate the situation that is called “Procrustean bed”. There are many other nuances and features which are necessary to take into account at drawing up of the list of goods/services. They basically are well-known to the patent attorney, experts, and also to those who encounter with this problem in the work .

Q: Can surnames, names or pseudonyms be registered as a trademark?

A: Yes, they can be registered with the exception of surnames, names and pseudonyms of well-known people and their derivatives . They can be registered in Turkmenistan as trade marks only with the consent of such persons, their successors or appropriate competent organ.

Q: Do you have discounts on official fees and on the patent attorney's honorarium?

A: Discounts on State Taxes in our country are not present, irrespective of the applicant type. Discounts are given only from honorarium of the patent attorney. Such discounts we give for applicants from the countries with a level of the national income less $3000. For applicants from the countries with a level of the national income is more than $3000 also are stipulated discounts for simultaneous filing several applications at once . These discounts are reflected in our tariffs. Variants of discount granting under the arrangement is possible. The discounts from our honorarium can reach 25-35% and more under condition of great volume of the order.

Q: Is at your office stipulated an electronic storage of documents ?

A: Yes, it is stipulated. We have the modern equipment, which allowed to process and reliably to store the information, and also in due time to notify on approach of terms of performance of those or other legally significant procedures. Besides electronic storage of the documentation we have paper carriers for documentation storage.

Q: Is there an opportunity of registration of such unconventional trademarks as color, form, sounds, smells that are stipulated in the legislation of Turkmenistan?

A: the Present legislation of Turkmenistan does not establish restrictions on kinds of trademarks, including unconventional trademarks. In particular according to the Law such trademarks as word, graphic, volumetric and other designations can be registered. According to existing practice the trademarks that have only stable visual perception are registered in Turkmenistan. We don't have examples of unconventional trademarks that have been protected in Turkmenistan (for example, light in a multi-colored flashes with the certain periodicity or the odour of a lilac). Unfortunately, such trademarks have never been filed in our country. However, if such unconventional trademarks send on registration they will be registered. According to the new law they belongs to a category of another designations. Trademark which represents one chosen color (for example a green square) won't be registered in Turkmenistan. However, fantastic combination of various colors will be registered, as it can be perceived as the image of indefinite figure. As for designation of goods form that can be registered in Turkmenistan just in the case if this form is not defined exclusively or mainly by properties or purpose of goods.

Q: What are basic requirements to trademark registration in Turkmenistan?

A: First of all is necessary absence of absolute and other bases for refusal in registration of trademarks. The essence of these is well-known, as legislations of many countries of the world practically equally treat them, and we won't stop on them. If these bases are absent then is necessary that the trademark carried out the assigned function, namely allow to consumers to distinguish the goods or services of one company from those of other companies. Trademark has to individualize the goods and/or services of the company. For performance by a trademark of this function is necessary to be distinctive, not deceptive and not conflictive with existing registered trademarks. The trademarks which are complied with this requirement will be registered in Turkmenistan. Also must be marked that generic terms, descriptive designations, too long advertising slogans, separate letters and figures, simple geometrical figures, etc. haven’t necessary distinctiveness and on this basis they can be refused in registration. However, you can get protection of such designations in some cases, under the certain circumstances and wide experience of patent attorney in conducting such affairs. Trademarks which in Turkmen language can have negative semantic meaning and also discordant or unpronounceable commodity designations won't be registered .

Q: What are required arguments to receive distinctive ability for initially descriptive trademark?

A: Presence of instant association between a trademark and the goods or services for which mark is intended. High degree of popularity of a mark among the certain category of consumers The long period (5 and more years) and extensive geographical scope of a mark use. The big expenses for advertisement of mark. Great number of registrations of a trademark worldwide. Great volume of goods/services sales which are marked with a trademark during the long period of time (in money and/or natural expression). The data confirming recognition of a trademark as well-known in other countries of the world if those are available. Any other documents (books, publications in press, films, conferences, forums, symposiums) on which there is a speech about the further promotion of the goods which are marked with the given trademark So far in Turkmenistan were no precedents (neither at a level of Patent Department, nor at a level of trial), connected with necessity of the proof, that such trade mark has received distinctive ability.

Q: what is a concept «distinctive ability of a trade mark"?

A: First of all is necessary to make a note that the concept “distinctive ability” can be interpreted over a wide range. On the one hand is usually considered that distinctive ability of trademark are invented words and marks with a long period of use. On the other hand, there are no criteria for definition of verge behind which distinctive ability of trademark ends. In this connection in some cases is necessary to prove, that the mark has distinctive ability. Especially it concerns trademarks which were not initially registrability by descriptive designations,nevertheless, they got distinctive ability as a result of long and a intensively use, accompanied with wide advertising of the given mark. As a result trademark can get secondary meaning. It means that for consumers doesn't exist direct semantic meaning of the trademark and on the foreground is coming associations connected with this trademark and the goods/services for which it was intended.In other words you can receive a distinctive ability under condition of intensively and long use of non registrability designations.Such mark can proceed in the well-known category and receive the protected status by virtue of common knowledge.

Q: What is duration for procedure of registration and validity of the registered trademark?

A: Normally, trademark registration in state register takes one or two years from receiving the application. Validity of the registered trademark constitutes of ten years and begins from the date of its filing with an opportunity of renewal mark for another decennial term for the established payment.

Q: What order applications' filling for regestration of the industrial property objects?

A: According to our legislation foreign applicants file the applications through patent attorneys. Power of the patent attorney is certified by a power of attorney from the applicant. Local applicants can file applications personally, through the representatives or local patent attorneys.

Q: What requirements are established to the image of a trademark?

A: The image of a trademark must be submitted in 15 copies and have the sizes 5 х 5 centimeters (maximally admissible size is 10 x 10 centimeters, for three-dimensional images up to 9 х 12 centimeters, for labels is admissible in full-scale). Images must have precise graphic performance and must be submitted in that color or a color combination in which registration of a trademark is asked. The image must have necessary distinctive character or to be suggestive (associative) to have registrability. The applicant should know also that the obscene images which disturb moral ideals of a society and carry the antihuman character (offending human dignity, religious feelings or political convictions etc.) is forbidden for use as trademarks.