Tajikistan Patent Law
* Law on Secret Inventions No. 624, dated July 21, 2010.
* Law on Inventions No. 857, dated July 3, 2012.
* Law No. 1372, passed on November 14, 2016, on Amendments to the Law on Inventions.
Tajikistan is member of the followings Agreement and conventions
-Paris Convention, as of February 14, 1994.
-Patent Cooperation Treaty (PCT), as of February 14, 1994.
-Eurasian Patent Convention, as of August 12, 1995.
Tajikistan Patent Filing Requirements
- Certified copy of priority document if convention priority is claimed
(To be filed within 3 months)
- Simply signed Power of Attorney with the indication of the name and position of the signatory, date and place of signing (may be filed within one month from the filing date).
Tajikistan Patent Registration procedure
The patent application is filed with National centre for patents and information (NCPI) of Tajikistan. After completion of the filing procedure the application undergoes formal examination. After completion of the formal examination procedure the patent application is published after expiration of 18 months from the application filing date or priority date (if any). The request for substantial examination can be filed within 3 years from the application filing date. On condition of payment of the Official Fee, the substantial examination is conducted. If the invention meets the requirements of protectability the grant decision is issued. Upon payment of the official registration and publication fees the patent data is published in the Official Bulletin and the patent is issued.
* The substantive examination should be requested within three years from the filing date of the application. Extension or restoration of this term is not possible.
The approximate timeframe of obtaining a patent is about 3-4 years.
The validity term of a Patent in Tajikistan is 20 years from the filing date.
Are to be paid after the publication of the granted patent.
The Official fees should be paid within 2 months from the date of receipt of the decision to grant a patent. All subsequent annuities are counted starting from the filing date and are paid before the beginning of the next year.
The term for entering the Tajik national phase of PCT application according to Chapter I (Under PCT Article 22(1)) is 30 months from the priority date. The term for entering the Tajik national phase of PCT application according Chapter II (Under PCT Article 39(1)) is 31 months from the priority date.
The term for filing a conventional patent application in Tajikistan is 12 months from the priority date.
Tajikistan Trademark Law
Legal basis is the Trademark Act of March 5, 2007.
Tajikistan is a member of the Madrid Agreement. From June 30, 2011, Tajikistan is a member of the Madrid Protocol as well.
Trademark protection is obtained by registration.
Nice classification, 11th edition. Multiple-class applications are possible.
Power of attorney (POA) simply signed is sufficient. It should be provided to the Tajikistani Patent Office within 1 month from the filing date.
Tajikistan Trademark Registration Procedure
The trademark application is filed with National centre for patents and information (NCPI) of Tajikistan.
The application process includes a formal examination, a substantive examination (on absolute and relative grounds). Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
When the application of the trademark meets the requirements of registrability the grant decision is issued. After payment of the registration fee the certificate of registration is issued within 90 days.
National Opposition Period
No opposition period. An observation can be filed by any person before the examination is completed. The Non-official oppositions against application may be filed during the whole term of examination before issuance of the decision, in the form of informational letter containing arguments against registration of the mark. These arguments are taken into account in the frame of trademark examination at the discretion of the examiner. After the mark is granted protection it may be opposed before the Board of Appeal or before the Court, depending on the legal grounds.
The processing time from first filing to registration is approximately 15-22 months.
After registration, the trademark is published in the Office Gazette.
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
In Tajikistan it is possible to apply for a renewal earlier, i.e. within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
* Finally, if a trademark registration expires and a renewal request has not been filed, the trademark will not be re-registered for a period of one year from the date of expiration in the name of a person other than the previous rights holder or legal successor (this period used to be three years).
Use of Trademark compulsory. A trade mark which is not used during any three-year period after the registration date (or the last date of use), may be cancelled upon request filed by an interested party; nominal use (advertising, publications) is accepted in absence of actual use.
Cancellation of Trademark in Tajikistan
* Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
* Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
* Cancellation based on non-use may be filed to the Appeal Board. The grace period is 3 years from registration.