The Islamic Republic of Afghanistan, in recent years,
has increasingly interested not just domestic but also foreign businesses,
including companies from the post-soviet nations. A vital thing to consider
when planning to do business in Afghanistan is acquiring rights to trademarks.
And it is possible only by ensuring successful Trademark Registration in
Afghanistan. As trademarks help
in protecting a business’ reputation and goodwill, they are essential for
creating a remarkable brand.
Under the Trademark Law of Afghanistan, natural persons or their legal representatives can
protect a trademark by registering it at the Afghanistan Central Business
Registry and Intellectual Property (ACBR-IP) Directorate of the Ministry of
Industry and Commerce (MoIC). In this nation, registering a mark as a trademark
is mandatory to get ownership rights on the same, as it’s a “first to file”
jurisdiction. An unregistered trademark can be protected but only in some
exceptional cases.
Information about Trademark Application
The Trademark Application in
Afghanistan must be filed
with ACBR-IP. Once received the application, ACBR-IP evaluates it in terms of
its substance, design, and compliance with provisions of the trademark
registration law. It takes the time of 30 days to approve or reject the
application.
If any foreign company or person wants to register a
trademark with ACBR–IP, then the same needs to provide the following
documentation:
·
A Power of Attorney
(PoA) that authorizes the relevant person(s) to register the trademark on the
person’s or company’s behalf;
·
A Board Resolution to
direct the trademark registration and authorization to legal representatives.
Remember that all the PoAs and Board Resolutions
submitted from abroad should be legalized, notarized, and attested by relevant
diplomatic channels. Furthermore, these documents need to be validated by the
Ministry of Foreign Affairs in Kabul before the presentation of the Trademark Registration Application to the ACBR-IP.
Once this administrative step of the process of
trademark registration is completed, ACBR-IP conducts a record check of
applicable archives for the new application.
Trademark Registration Procedure
Since Afghanistan is not a party to the Madrid
Agreement or its Protocol and other international to regional organizations, it
is only possible to register trademarks in this nation according to the
national procedure. Note that the national procedure is the only way to
obtain Trademark Protection in
Afghanistan. As per the rules
in Trademark Registration Law of
Afghanistan, the process includes
a range of stages, like:
·
Filing trademark
application with the national patent office;
·
Examination of the
application;
·
Making application approval
or rejection decision as per the outcomes of the conducted examinations;
·
Publication of status
related to the application in the official bulletin;
·
Issuance of the title
of trademark protection, i.e., trademark certificate.
Some Additional Things to be Considered
If you are planning to register a trademark(s) in
Afghanistan, then it will be beneficial to get aware of some more information
in addition to the above-given. And the statistics say that:
·
In the application for
registration of your trademark, you must indicate all products and services for
which you want to use the mark in Afghanistan. It is because the exclusive
rights can apply to only those assets (items) that are specified in the
registration certificate.
·
Trademark registration
in Afghanistan is not allowed for alcoholic beverages.
·
If you register a
combined trademark that includes both word and figurative elements, then the
exclusive right to use the registered trademark is limited to some extent. It
means though you own a Registered Trademark in
Afghanistan yet it is
essential to use the mark in the exact way in which it was filed and
registered.
·
If you wish to use the
logo of your trademark separately from the word element or vice-versa in
countries like Afghanistan, then it is better to register another trademark,
including only the word or figurative elements that you want to use and protect
independently.
·
If any third party
intends to register a trademark for similar products or services encompassing a
part or portion of your trademark, you possess the right to oppose the
application based on confusing similarity.
·
Opposition application
can be filed within one month from the date of publication of trademark
application in Afghanistan’s Official Gazette.
·
Registered trademarks
in Afghanistan are valid for ten (10) years from the day of application.
Besides, they can be renewed indefinitely for further periods of ten years.
·
Even if your trademark
has expired, you can still get it renewed within six month grace period with
payment of a late renewal fee. The concept of a grace period of six months
within which you can renew your expired trademark is really beneficial.
If your application meets all the requirements as per
the Trademark Law,
the entire process from applying for a trademark to obtaining a registration
certificate will be successful. And, after going through this article, you
hopefully are familiar with almost everything required to register a trademark
in Afghanistan. So, leave all the worries aside and fasten up your belt to
enjoy the trademark protection in Afghanistan. For more visit: https://www.kashishipr.com/
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