Tag Archives: Business Law

Understanding the Examination Process for Trademark Applications



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Navigating the trademark application process can feel daunting, but understanding each step can make it smoother. Here’s a breakdown of the procedure, as outlined by the State Administrative Authority in accordance with the Law on Trademarks and Geographical Indications.

The process begins with the examination of the completeness of your application. The authority checks if all required documents are in order and establishes the initial filing date. Therefore, the State Administrative Authority examines the completeness of the trademark application and establishes the initial filing date in accordance with the Law on Trademarks and Geographical Indications. Afterward, the authority evaluates whether the trademark meets the legal requirements and provides a conclusion.

The State Administrative Authority conducts this examination within nine months of the initial filing date. If deemed necessary, this period may be extended by up to six months.

If the trademark is found to meet the legal requirements, the State Administrative Authority issues a conclusion to that effect and, based on it, decides to register the trademark in the state registry.

If the trademark is found not to meet the legal requirements, the authority issues a conclusion to that effect and makes a preliminary decision to refuse the registration, notifying the applicant accordingly in written.

If the applicant disagrees with the preliminary decision to refuse registration, they must submit a reasoned response to the State Administrative Authority within three months of receiving the decision. If the applicant has valid reasons, they may request an extension of up to three months, subject to payment of service fees.

The State Administrative Authority makes a final decision on whether to register the trademark within three months of receiving the applicant’s response.

If the applicant fails to provide a response within the prescribed period, the administrative authority makes a final decision to refuse the registration and notifies the applicant in written.

During the examination, the applicant may introduce changes to the application, except for altering the trademark itself. If adding new goods or services to the classification, a new application must be submitted.

The applicant may also separate an application covering multiple classes of goods or services into individual applications during the examination process.

Interested parties may file an opposition to the trademark application within three months of its initial publication, in accordance with the Law on Trademarks and Geographical Indications. This period may be extended by up to two months upon request, subject to payment of service fees.

The applicant may submit responses or counterarguments to the State Administrative Authority directly or through an intellectual property representative specified in the Article 16.2 of the Law on Intellectual Property.

The State Administrative Authority delivers notifications to the applicant either in paper form or electronically.

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Understanding the Right to Obtain a Patent



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When it comes to protecting intellectual property, obtaining a patent is a crucial step. But who has the right to claim this protection? Here’s a breakdown of key points regarding patent rights, as well as the process for filing a patent application.

Who Has the Right to a Patent?

The inventor of an invention or utility model—or the individuals or legal entities to whom the inventor transfers their rights—is entitled to obtain a patent. However, the specifics can vary depending on the circumstances:

  1. Workplace Creations:
    If an invention or utility model is created in the wrokplace, the right to obtain the patent belongs to the employer.
  2. Agreements and Contracts:
    In cases where inventions or utility models are developed under specific agreements, the rights to the patent are typically granted to the subscriber or financer, unless stated otherwise in the contract.
  3. Joint Creations:
    When an invention or utility model is created collaboratively, the right to the patent is shared jointly among the creators. However, those who merely provided technical, organizational, or financial support—or assisted in the patent application process—are not considered co-creators.
  4. Independent, Identical Inventions:
    If two individuals independently create identical inventions or utility models, the right to the patent is awarded to the person who submits their application first.

How to File a Patent Application

The process for filing a patent application involves several important steps:

  • Submission of Application:
    The inventor—or the individual or entity that has obtained the inventor’s rights—must submit a patent application to the intellectual property organization. This can be done either in paper or electronic form.
  • Representation Through an Agent:
    Applicants may choose to work with an intellectual property agent to assist in filing their application. For foreign citizens, stateless individuals, or foreign entities that are not permanently based in Mongolia, representation through an intellectual property agent is mandatory.
  • Separate Applications:
    A separate application must be filed for each invention or utility model. However, if two or more inventions or utility models serve a single purpose and are used together as a unit, they may be included in a single application.

Understanding your rights and responsibilities when it comes to patents is essential for protecting your innovations. Whether you’re an individual inventor, a company, or a collaborative team, ensuring proper filing and adherence to legal requirements will help safeguard your intellectual property effectively.

Have questions about the patent application process or your rights? Our law firm’s certified intellectual property representatives will provide you professional advice and guidance.

#PatentRights #IntellectualProperty #Inventions #UtilityModels #PatentApplication #Innovation #IPProtection #LegalRights #BusinessLaw #InnovationProtection