Individualization means
Documents required for conducting the transformation procedure of international registration of trademark into national application
- Power of Attorney (legalization or notary public verification is not required)- Notification about termination/cancelation of international registration verified by IB WIPO. (Article 9quinquies of Madrid Protocol)
- The copy of international registration
Documents required for registration of change of the company’s name and/or the company address due to merger
Following documents required in order to register the changes in the company’s name as a result of its merger or acquisition:- Power of Attorney (legalization or notary public certification is not required)
- The document which confirms the payment of official fees
- Declaration of merger certified by the signature and seal of the "surviving" company (in the absence of a company seal on the declaration, a notarization of the declaration is required).
Certified by the signature and seal of the "surviving" company, a list of transferred trademarks.
Total time from filing in petition till registration of companies’ merger document in the State Register of Turkmenistan takes no longer than 2 weeksDocuments required for registration of change of the name and/or the address of trademark owner and documents required for filing the corrected image of trademark
Documents required for registration of change of the name and/or the address of trademark owner and documents required for filing the corrected image of trademark
- Power of Attorney in simple written form (legalization, postulation or notary public certification is not required)
- The document which confirms the payment of official fees
- Verified by the signature and seal of the owner of trademark the Declaration of the change of the name and / or address of the company of the owner of trademark (in the absence of a company seal on the declaration, notarization of the declaration is required).
- Revised image of trademark (if it substantially does not change consumers/customers perception towards revised image of trademark)
The legalization of mentioned documents by Hague Appostille or Consulate is not need.
Total time from filing of petition till registration of trademark (s) owner’s name or address in the State Register of Turkmenistan takes no longer than 3 weeks.Documents required for term prolongation to use certificate in relation to appellation of origin of the goods
Power of Attorney (legalization, postulation or notary public certification is not required)- The document which confirms the payment of official fees
Total time between petition filing till the registration in State register of Turkmenistan the certificate’s prolongation takes no longer than 1 month.
Note: According to the Law of Turkmenistan about name of a place of an origin of the goods the term of certificate validity start counting from the date of its application filing (application which request granting of the usage rights on the name of an origin of the goods).
Documents required for trademark renewal
In order to file the trademark renewal procedure the Power of Attorney is required from the trademark’s owner. Power of Attorney is presented in simple written form; legalization, postulation and notary public certification of Power of Attorney is not required.A trademark renewal fee is charged for each class of registration.
Grace period for the payment of trademark renewal after the completion of trademark’s validity period compromises 6 months, subjected to additional fee.
The total time from the filing of the renewal petition to the issuance of a renewal notification by Turkmenpatent on the extension of the mark validity for the next 10 years takes not more than 3 weeks.
Documents required to introduce add-ins, amendments and elaborations to the trademark application
Client’s instructions in regards to the character of add-ins, amendments and elaborations to be introduced to materials of trademark application.Power of Attorney (if applicant got changed) in simple written form (legalization or notary public certification is not required)
Revised image of trademark (if not essential changes are required to be introduced to the image of trademark)
All other materials, if they are required by character of introduced add-ins, amendments and elaborations to the trademark application.
Structure of documentation for filing application for registration of appellation of origin of the goods and of receipt the certificate about right to use appellation of origin of the goods
- Power of Attorney in simple written form (legalization, postulation or notary public certification is not required)- Applicant’s full name and address
- Claimed designation
- Description of the goods in relation to which the state registration is asked and permition of right’s granting to use name of a place of an origin of the goods or permition of right’s granting to use already registered name of a place of an origin of the goods
- Description of a place of an origin (manufacture) of the goods (borders of geographical object)
- Description of special characteristics of the goods
- The conclusion of competent body that the special properties of the designated goods is connected with a characteristic environment for the given geographical object and (or) human factors (only in case of registration of a new place of an origin of the goods by applicants of Turkmenistan).
- The document confirming the legal rights of the applicant on the declared name of a place of an origin of the goods in a country of origin of the goods.
Resolution of the relevant/competent body that declared goods are possessing special features which connected to character natural conditions of given geographical body and/or human factor (relevant only if registration of a new place of an origin of the goods is filed by Turkmenistan/ local applicants)
- The document which confirms the payment of official fees (according to the Law of Turkmenistan about name of places of the origin of goods; the Law came into power in November 2019) shall be presented to Turkmenpatent at the time when application is made.
Total time between the filing date of application and the issuing of decision about registration and / or granting of the right of use by the name of a place of an origin of the goods in the State register constitutes from 18 till 24 months.
Structure of documentation for registration of assignment deed in respect to trademarks
- Powers of Attorney from Assignor and Assignee in simple written format (legalization, postulation or notary public certification is not required)- The document which confirms the payment of official fees
- The original document (assignment agreement, deed) in any free form about the assignment of rights to the trademark (s), containing all the necessary information about the assignor and the assignee, certified by the signatures and seals of the parties (in the absence of at least a seal of one of the parties on the agreement, notarization of the agreement is required). It is also possible to submit a notarized copy of the above document (agreement, deed).
- Verified by seals and signatures the list of trademarks that get transferred to from assignor to assignee (if such information is provided in assignment deed, the necessity in this document is abandoned)
The legalization of mentioned documents by Hague Appostille or Consulate is not need.
Total time from filing petition till registration of the trademark assignment or certificate in the State Register of Turkmenistan takes no more than 3-4 weeks.
Structure of documentation for registration of licence agreement for usage of trademarks
Following documents are required for the registration of licensing agreement:- Powers of Attorney from Licensor and Licensee (legalization, postulation or notary public certification is not required)
- The document which confirms the payment of official fees
- Notary public certified copy of the Licensing agreement (legalization or postulation is not required)
- Attached list of trademarks signed and sealed by assignor and assignee that should be transferred from assignor to assignee over the Licensing Agreement
Total time between petition filing till the registration in State register of Turkmenistan the certificate’s prolongation takes no longer than 1 month.
Note: No any special requirements are required for the content of a licensed agreement to be registered in Turkmenistan. The content of the licensed agreement is defined solely by parties themselves. Any standard form of licensed agreement can be used. It is allowed to spread behind the limitations of the standard licensed agreement and introduce to it all arrangements which will be necessary for business relations between parties.
Structure of documentation for trademark registration
- Power of Attorney (legalization or notary public verification is not required)- Applicant’s full name and address
- List of goods/services according to International Classification (Nice Classification)
- Print of the trademark
- Certified by Patent Office or Notary public the copy of the first application (if priority is claimed)
- The charter of a collective trademark, if the application is filed for registration of the collective mark.
- The document which gives permit or authorization to use in trademark the specific designations (the arms, flags, emblems and other official symbols)
- The document which confirms the payment of official fees (according to the Law of Turkmenistan about trademarks; the Law came into power in 2019) shall be presented to Turkmenpatent at the time when trademark application is made.
Total time starting from filing trademark application till receiving the decision from Turkmenpatent about registration of trademark in State registrar takes from 14 till 20 months. It is possible to speed up the process of trademark registration through acceleration request and receive the granting registration decision from Turkmenpatent in a matter of 2-2,5 months from the application’s filing date, but it will be subjected to additional fee.
Accelerating trademark examination
In accordance with article 15 adopted in 2019 of the new law of Turkmenistan "On Trademarks" at the request of the applicant, a formal examination of the application for a trademark can be carried out based on accelerated procedure within ten working days from the date of filing the said application, subject to the payment of the appropriate fee. According to the second part of the Article 16 of the new Law, at the request of the applicant, the substantive examination of the filed designation can be carried out according to accelerated procedure within twenty working days from the date of completion of the formal examination of the trademark application, subject to the payment of the appropriate fee.
Thus, the applicant has the opportunity to register a trademark under an accelerated procedure within 40-45 days from the date of filing the application. However, if third party files a conventional application for registration of an identical or confusingly similar trademark in relation to similar goods or services with an earlier priority, Turkmenpatent may decide to invalidate the state registration of the trademark registered under the accelerated procedure.
In this regard, let us clarify that since the situation with a conventional application cannot be ruled out, an applicant wishing to obtain registration of a trademark according to the accelerated procedure accepts the risk of losing the funds paid for its implementation. At the same time, the expression “a decision can be made” means only the possibility of making such a decision, since in the case of provision of a letter of consent, an agreement on the coexistence of trademarks or evidence of the lack of similarity of a sign to the point of confusion, etc. the mark will not be canceled.
