Patent Law Algeria
Turkmenistan Patent Law
* The Patent law that gover inventions in Turkmenistan is the Law on Legal Protection of Inventions, in force since November 11, 2017.
Tajikistan is member of the followings Agreement and conventions
- Paris Convention, since March 1, 1995, with effect as of December 25, 1991.
- Patent Cooperation Treaty (PCT), since March 1, 1995.
- Eurasian Patent Convention, since August 12, 1995.
In Turkmenistan it is possible to obtain two types of patents, namely:
- the Limited patent (valid for ten years),
- or the Patent (valid for twenty years).
Power of Attorney (POA) Simply signed. (To be filed 2 months after filing)
The Official Language is Turkmen. The patent can be filed in other language but translation to Turkmen need to be provided within three months from the date of filing.
Turkmenistan Patent Registration Procedure
After completion of the filing procedure the application undergoes formal examination. As a result of the formal examination and payment of the official registration fee a Provisional Patent is issued. 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 5 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 fee the patent is issued.
* The opposition is possible during the entire term of protection, through the Patent Office Appeal Board.
The approximate timeframe of obtaining a patent is about 2-5 years.
valid for 20 years.
Short-term patent (if full examination is not requested): issued after formal examination – valid for 10 years as of the filing date. Patent: issued after full examination.
The annuities are accumulated and paid with the granting fee, and for subsequent years, on the anniversary of the filing date (or International filing date for PCT).
The term for entering the Turkmen 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 Turkmen 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 Turkmenistan is 12 months from the priority date.
Certified copy of the priority document if priority is claimed (may be provided to the Turkmen Patent Office within 3 months from filing the application).
Turkmenistan Trademark Law
The Law that govern trademark in Turkmenistan is the Trademark Law of June 19, 2019.
Turkmenistan is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Turkmenistan is a member of the Paris Convention, since March 1, 1995, with effect as of December 25, 1991.
Nice classification, 11th edition. Multiple-class applications are possible. Use of class headings no longer possible when filing a trademark application.
A simply signed Power of Attorney is sufficient. Need to be filed to the Turkmen Trademark Office within two months from the filing date.
Turkmenistan Trademark Registration Procedure
The trademark application is filed at the State Service on Intellectual Property of Ministry of Finance and Economy of Turkmenistan.
The application process includes a formal examination, substantive examination (absolute and relative grounds). Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Then the Turkmen trademark application undergoes substantive examination for about 20-21 months.
Applications are published in the bulletin of Turkmenpatent.
The new law doesn't clarify when, it only states that pending applications accepted for consideration are published by Turkmenpatent in the Official Bulletin. After an application is published, any interested party may file an objection to the possible registration of the trademark before the registration date of the published trademark.
On condition that the trademark meets the requirements of protectability the grant decision is issued. After payment of the registration fee the certificate of registration is issued within 90 days.
* Accelerated procedure of examination for trademark application is available.
National Opposition Period
An opposition against pending application can be filed by any interested person during the examination (after publication of data about acceptance of the application for consideration before the final decision is taken (item 6, part 2 Art. 15 of the Trademark Law), subject to payment of the corresponding fee. After the mark is granted protection and the registration certificate is issued, the mark details are published in the Official Bulletin, and it may be opposed by any person before the Board of Appeal.
The processing time from first filing to registration is approximately 26-29 months.
A trademark registration is valid for 10 years from the date of registration, if the application was filed before November 15, 2008. If the application has been filed after the mentioned date, it is valid within 10 years from the filing date. The registration is renewable for periods of 10 years. In Turkmenistan it is possible to apply for a renewal 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.
Use of trademark is compulsory, must be used; if not used within any three-year period after the registration (or last use) date, the mark can be cancelled upon request of an interested party; nominal use (advertising, publications) is accepted in absence of actual use.
Cancellation of trademark in Turkmenistan
* Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from registration.
* 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.