MIKHAILYUK, SOROKOLAT & PARTNERS © 2005-2012

Issue/Country Current examination system for national applications (stages) Substantive examination (applications are refused based on relative grounds Publication of applications Opposition period (against trademark application) Filing cancellation after registration, institution and term for filing cancellation after registration    Armenia • Filing • Formal examination • Publication for opposition period • Substantive examination • Issuance of the decision • Issuance of the certificate + Publication is performed after formal examination National applications - 2 months from publication date; IR trademarks - 6 months from publication in WIPO Gazette Cancellation after registration based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark Notice* cancellation of a mark is not allowed if the proprietor of an earlier registered mark has knowingly tolerated during five years the use of a later mark • non-use - may be filed to Court. The grace period is 5 years from registration    Azerbaijan • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from publication • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to the Appeal Board. The grace period is 5 years from registration    Belarus • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration based on: • relative grounds ? may be filed to the Appeal Board within 5 years from publication • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to Court. The grace period is 3 years from registration    Estonia • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration (issuance of the certificate) based on: • relative grounds - may be filed to Court within 5 years after an interested party got aware about the use of the trademark • absolute grounds - may be filed to Court within 5 years after an interested party got aware about the use of the trademark • non-use - may be filed to Court. The grace period is 5 years from registration    Georgia • Filing • Formal examination • Substantive examination • Issuance of the decision • Publication for opposition period • Issuance of the certificate + Publication is performed after issuance of the decision about registration 3 months from the publication date Cancellation after registration (issuance of the certificate) based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark • non-use - may be filed to Court. The grace period is 5 years from registration    Kazakhstan • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from registration • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to the Appeal Board. The grace period is 3 years from registration    Kyrgyzstan Filing Formal examination Substantive examination Issuance of the decision Issuance of the certificate Publication + Publication is performed after registration Opposition may be filed only against IR trademarks before issuance of the decision Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from publication • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to Court. The grace period is 3 years from registration    Latvia • Filing • Formal examination • Examination on absolute grounds • Issuance of the decision • Publication for opposition period • Issuance of the certificate - Publication is performed after issuance of the decision about registration 3 months from the publication date Cancellation after registration based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark • non-use - may be filed to Court. The grace period is 5 years from registration    Lithuania • Filing • Formal examination • Examination on absolute grounds • Issuance of the decision • Publication for opposition period • Issuance of the certificate - Publication is performed after issuance of the decision about registration 3 months from the publication date Cancellation after registration (issuance of the certificate) based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark Notice* cancellation of a mark is not allowed if the proprietor of an earlier registered mark has knowingly tolerated during five years the use of a later mark • non-use - may be filed to Court. The grace period is 5 years from registration    Moldova • Filing • Formal examination • Publication for opposition period • Substantive examination • Issuance of the decision • Issuance of the certificate + Publication is performed after formal examination 3 months from the publication date 1. If no opposition was filed within the opposition period, and the decision about acceptance was issued, the protest against registration may be filed within 1 month from the acceptance date (should be monitored). 2. If the trademark is registered (certificate obtained) the cancellation after registration based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark Notice* cancellation of a mark is not allowed if the proprietor of an earlier registered mark has knowingly tolerated during five years the use of a later mark • non-use - may be filed to Court. The grace period is 5 years from registration    Russia • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - (non-official opposition may be filed during the whole term of examination before issuance of the decision) Oppositions after registration (issuance of the certificate) based on: • relative grounds - may be filed to the Board of Patent Disputes within 5 years from publication • absolute grounds - may be filed to the Board of Patent Disputes within the entire period of validity of the trademark • non-use - may be filed to the Arbitration Court of Moscow. The grace period is 3 years from registration    Tajikistan • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - (non-official opposition may be filed during the whole term of examination before issuance of the decision) Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from publication • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to the Appeal Board. The grace period is 3 years from registration    Turkmenistan • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from registration • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to the Appeal Board. The grace period is 3 years from registration    Ukraine • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration Opposition against application may be filed during the whole term of examination (but not later than 5 days before issuance of the decision about registration) Cancellation after registration (issuance of the certificate) based on: • relative grounds - may be filed to Court within the entire period of validity of the trademark • absolute grounds - may be filed to Court within the entire period of validity of the trademark Notice* as the cancellation is performed in court the principle of 3-year limitation of action can be imposed • non-use - may be filed to Court. The grace period is 3 years from registration    Uzbekistan • Filing • Formal examination • Substantive examination • Issuance of the decision • Issuance of the certificate • Publication + Publication is performed after registration - Cancellation after registration based on: • relative grounds - may be filed to the Appeal Board within 5 years from publication • absolute grounds - may be filed to the Appeal Board within the entire period of validity of the trademark • non-use - may be filed to Court. The grace period is 5 years from registration