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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