PATENTS
Language of the Mongolian patent application
The patent application must be filed in Mongolian. Only translation of the specification is allowed to be filed within 2 months from filing date.
The documents and information required for filing the patent application in Mongolia, are as follows:
a) A copy of the patent application including specification claims and drawings need to be submitted;
b) A certified copy of the priority application will also need to be submitted [This can be done after the initial filing of the application if necessary];
c) An Inventor’s declaration [We will take care of preparing and sending to you the appropriate assignment document];
d) An Assignment deed. [We will also take care of preparing and sending to you the appropriate assignment document];
e) The complete name mailing address and citizenship of each inventor of the claimed subject matter;
f) The name and address and citizenship of the Applicant and Owner;
g) If the Applicant are aware of any relevant prior art documents we will need copies of the prior art documents.
h) A power of attorney duly notarized.
If all the information is correct and current PCT application and it publicly avialable to us (e.g. via WIPO) then we no need any specification papers (description, claims, drawings etc).
The term for filing patent applications in Mongolia
Mongolian patent application claiming conventional priority must be filed within 12 months from the priority date. The restoration of the priority right is not possible in Mongolia.
Minimum of filing documents in Mongolia
- request to grant a patent in Mongolia;
- description of an invention;
- patent claim(s);
- drawings (if any).
-author’s declaration
Priority document
Priority document translated into Mongolian must be provided at the time of filing.
Power of Attorney requirements
Just notarizationn of a POA is required. It should be submitted within 2 months from the date of filing.
Assignment Deed
If the applicant(s) differs from the inventor(s), a document justifying the right to obtain a patent must be provided within 3 months from the filing date.
Substantive examination request
After a filing date has been assigned, an examiner of the IPOM conducts a substantive examination of an invention to determine the compliance with the requirements. No specific request must be filed.
Maintenance fees
The maintenance fees for the first 3 years shall be paid in lump sum within 6 months from the date of the decision to grant a patent. Next maintenance fees for subsequent periods shall be paid within 6 months in advance for each period.
TRADEMARKS
Trademark Law in Mongolia
Legal basis is the amended Law of Mongolia on Trademarks and Geographical Indications, which came into effect on July 25th, 2010.
Mongolia is a member of the Madrid Agreement and the Madrid Protocol and Paris Convention.
Trademark protection is obtained by registration.
Mongolia recognizes well-known marks since 1 July 2014.
Classification
Nice classification, 10th edition. Multiple-class applications are possible.
Information about to the Power of Attorney
It should be submitted within 2 months from filing trademark application in Mongolia.
Priority document
Priority document translated into Mongolian must be provided at the time of filing.
Documents and Information required for Trademark Application in Mongolia:
* A request (and/or instruction) for registration of the trademark (trademark, service mark, collective mark, certification mark, geographical indication);
* Name and address of the holder, legal nature of the holder (legal entity)
* A reproduction of a mark [Required English transliteration of the inscriptions]
* Power of Attorney simply signed and sealed.
* Indication of goods and services in respect of which protection of the mark is claimed and also the corresponding classes according to the International Classification of Goods and Services [last edition];
Procedure of Trademark Registration in Mongolia
Application and formality check: Expected time: 1-2 working days
Within 20 days from the date of receipt of the application, the commissioner of the Patent Office shall decide to accord as the date of a trademark application the date of submission of the request with respect to the trademark application unless the application falls under any of the following items:
*the indication that a trademark registration is sought is not clear;
*the name of the applicant is not stated, or the statement is not considered sufficient to the extent to enable the identification of the applicant;
*a trademark for which the registration is sought is not stated; or
designated goods/services are not stated.
Substantive examination: Expected Time: For many applications examination starts 6-9 months after filing; if necessary, this period may be extended for up to 6 months
Grant, Registration and Issuance of Trademark Certificate:
Expected time: For many trademarks registered within 1 month from the decision to grant and published within 1 month from the registration and issued Trademark certificate 1-2 months after Registration.
Trademark Registration Proceedings remarks in Mongolia:
The application is filed at the Intellectual Property Office (IPOM).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
After registration, the trademark is published on the website of the IPOM.
Opposition period
Filing oppositions against pending trademark applications is not possible. An oppositions may be filed against registered trademarks only.
The Law of Mongolia contains no provisions governing opposition against pending applications. However, it is possible to send letters of opposition. It is up to the examiner whether he takes them into account, as this is an informal procedure. Such letters may be filed at any time prior to registration of the mark.
Timeframe:
The processing time from first filing to registration is approx. 9 to 12 months.
* The application for patent and trademark applications are examined for up to 9 months with additional period of time (up to 12 months for patent application/up to 6 months for trademark application) if the examiner deems necessary.
Validity term
Trademark in Mongolia is valid for 10 years from the date of filing. The registration is renewable for periods of 10 years.
Renewal
The grace period for renewal of a Mongolian trademark is 6 months.
Use requirement
If a trademark is not used for 5 consecutive years, it can be cancelled based on use requirement.