Uzbekistan Patent Law
The Republic of Uzbekistan have the Law on Patent of Invention, Utility Models and Industrial Designs, of May 6, 1994, as last amended in 2008 and 2011.
Uzbekistan is member of the followings Agreement and conventions
-Paris Convention, since December 25, 1991.
-Patent Cooperation Treaty (PCT), since December 25, 1991.
-Wipo Convention (1967)
-Budapest Treaty (1977)
-Berne Convention (1886)
-Hague Agreement (1925)
- Simply signed Power of Attorney (POA). Can be filed within 60 days.
- Priority document, if claimed, to be filed within three (3) months from the filing date;
An Patent application in Uzbekistan need be filed in the Uzbek or Russian language. If the application is filed in any other foreign language, the translation into Uzbek or Russian thereof should be provided within 60 days from the date of filing.
Uzbekistan Patent Registration Procedure
The application is filed at the Agency on Intellectual Property of the Republic of Uzbekistan (IMA). The official receipt of acknowledgment is issued within 90 days.
After expiration of two months from the application filing date the application undergoes formal examination. As a result of the formal examination a decision concerning acceptance of the application for further examination is issued by the Patent Office. 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 registrability the grant decision is issued. Upon payment of the official registration, publication and maintenance fee for the 3rd year of the patent validity the patent is issued.
* Opposition: may be presented by any physical or legal person within three (3) months of publication in the Patent Office Gazette.
The approximate timeframe of obtaining a patent in Uzbekistan is about 3-5 years.
The patent in Uzbekistan is issued after the formal and full examination and it is valid for 20 years.
The maintenance fees are to be paid after the publication of the granted patent (from third year); subsequent annuities are payable after the anniversary of the filing date.
The term for entering the Uzbek national phase of a PCT application is 31 months from the priority date.
The term for filing a conventional patent application in Uzbekistan claiming priority is 12 months from home country filing date. This term may be extended for 2 months after the expiration of the 12-months period.
Uzbekistan Trademark Law
Legal basis is the Trademark, Service Marks and Appelations of Origin Law, in force since September 22, 2001. The latest amendments to the law were introduced in April 2017.
Uzbekistan is a member of the Madrid Protocol and Paris Convention.
Trademark protection is obtained by registration.
Nice classification, 11th edition. Multiple-class applications are possible.
Simply signed Power of Attorney (POA).
Uzbekistan Trademark Registration Procedure
The application is filed at the Agency on Intellectual Property of the Republic of Uzbekistan (IMA). The official receipt of acknowledgment is issued from 2 to 3 months.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The Uzbekistan proceed with a substantantive examination for 9 months.
If the trademark application meets all requirements of registrability the grant decision is issued.
After registration, the trademark is published in the Agency Official Bulletin which is also published on the official website of the Agency.
Then Certificate is issued about 4 months.
National Opposition Period
There is no opposition period for pending application, i.e. an application is not published for opposition purposes. After the mark is granted legal 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 Appeals or a court. The court considers non-use cases and also cases on invalidation of trademark certificates. The Board of Appeals considers cases on invalidation of trademark certificates. Decision of the Board of Appeals could be appealed to the court.
The processing time from first filing to registration is approx. 12-19 months.
A trademark registration Uzbekistan is valid for 10 years from date of application. The registration is renewable for periods of 10 years. In Uzbekistan 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 special stipulated fine. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
The validity of a trademark in Uzbekistan can be cancelled earlier partially or entirely based on the court decision which was accepted at the request of the interested person provided that the trademark was not used continuously within last three years.
Trademark Cancellation in Uzbekistan
* 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 Court. The grace period is 3 years from registration.