The short answer
A trademark in Tajikistan is valid for 10 years from the filing date. Renewal is requested in the last year of the term, with a 6-month grace period on payment of an extra charge. Foreign applicants must deal with the Patent Office through a Tajik patent attorney. A mark not used for 3 continuous years after registration can lose protection.
Trademark deadlines in Tajikistan at a glance
These rules come from the Law on Trademarks and Service Marks (Law No. 234 of 5 March 2007), in the English consolidated text on WIPO Lex that includes amendments up to Law No. 1584 of 2 January 2019. Fees and forms are set separately, so we confirm them with the Patent Office before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, renewable for periods of 10 years (Article 18). |
| Which date does the term count from? | The filing date of the application with the Patent Office (Article 18). |
| When can I renew? | File the renewal request during the last year of the term, each time for 10 years (Article 18). |
| Is there a grace period? | Yes. A 6-month grace period after expiry is available if the additional charge is paid (Article 18). |
| Opposition period | There is no fixed opposition period after publication. A grant of protection can be contested before the decision on the application, and the legal protection of a registered mark can be contested and invalidated at any time during its validity on the statutory grounds. Oppositions go to the Appeals Board (Article 33). |
| Reply to an office action | The Patent Office examines the application and sends requests for further information or reasoned decisions. The applicant can appeal to the Appeals Board within 3 months of receiving a decision and can request copies of the cited materials within a month (Articles 12 to 15). |
| Priority claim | Convention priority applies if the application is filed within 6 months of the first foreign filing, and exhibition priority within 6 months of the exhibit. The priority claim is stated at filing or within 2 months of receipt of the application, and the priority documents are supplied within 3 months (Article 10). |
| Non-use | Legal protection can be terminated early, for all or part of the goods, for non-use during any continuous period of three years after registration. Any person can petition the Appeals Board, and the owner must prove use (Article 27). |
| Assignment | The exclusive right can be assigned by contract for all or part of the goods, but not where it could mislead consumers. Contracts are registered with the Patent Office (Articles 30 and 32). |
| Trademark certificate | The certificate attests the priority, the exclusive right and the goods covered (Article 5). |
| Licences | The right to use a mark can be granted by agreement and registered with the Patent Office (Articles 31 and 32). |
Who can register a trademark in Tajikistan
A legal entity or natural person can file an application, either directly or through a patent attorney. An application covers a single trademark (Article 11).
Representation. Natural persons who permanently live outside Tajikistan, and foreign legal entities or their representatives, must deal with the Patent Office through a patent attorney registered in Tajikistan, authorised by a power of attorney (Article 11).
Trademark registration process in Tajikistan
Search
- Search the the National Patent and Information Centre (the Patent Office) of Tajikistan records for identical or similar marks in your classes.
File the application
- File with the the National Patent and Information Centre (the Patent Office) of Tajikistan, through a registered Tajik patent attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- The application can be contested before a decision is made, and the registration can be challenged during its whole term, before the Appeals Board (Article 33).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the National Patent and Information Centre (the Patent Office) of Tajikistan and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Tajikistan trademark validity and renewal
- A registration lasts 10 years from the filing date.
- Request renewal in the last year.
- A 6-month grace period costs an extra charge.
- Use the mark to avoid termination after 3 continuous years of non-use.
Diarise the renewal year from the filing date, not the registration date.
Assignment, licence and changes to a Tajik trademark
Assignment
By contract
The exclusive right can be assigned for all or part of the goods unless it would mislead consumers (Article 30).
Licence
Registered
A licensee can use the mark under an agreement registered with the Patent Office (Articles 31 and 32).
Changes
Recordal
Changes in the registration are recorded in the Register (Article 19).
Well-known marks
Special protection
A well-known mark can be protected on request (Articles 23 and 24).
Non-use and cancellation of a Tajik trademark
Legal protection can end early for non-use after three continuous years, on petition by any person to the Appeals Board, and the owner must produce proof of use or show circumstances beyond its control (Article 27). Protection can also be invalidated on the grounds in Article 33 (Articles 33 and 34).
Keep dated proof of use in Tajikistan: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Tajikistan
Ask the Patent Office for the State Register of Trademarks entry and check the filing, registration and renewal dates (Article 16).
Sources used
- Law on Trademarks and Service Marks (Tajikistan), Law No. 234 of 5 March 2007 as amended to 2 January 2019, English text on WIPO Lex, Articles 5, 10, 11, 15, 16, 18, 27, 30, 33 and 38.
- The Patent Office for current fees, forms and procedure.
Tajikistan trademark FAQ
How long does a trademark last in Tajikistan, and from when?
10 years from the filing date, renewable for periods of 10 years (Article 18). It counts from the filing date (Article 18).
When should I renew a Tajik trademark, and is there a grace period?
File the renewal request during the last year of the term, each time for 10 years (Article 18).
What is the opposition period in Tajikistan?
There is no fixed opposition period after publication. A grant of protection can be contested before the decision on the application, and the legal protection of a registered mark can be contested and invalidated at any time during its validity on the statutory grounds. Oppositions go to the Appeals Board (Article 33).
How much does it cost to register a trademark in Tajikistan?
The official fee is set by the the National Patent and Information Centre (the Patent Office) of Tajikistan and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Tajikistan?
Yes. Foreign persons have the same rights as Tajik persons under international acts or reciprocity (Article 38), but must file through a Tajik patent attorney (Article 11). We arrange this.
Can I assign a Tajik trademark?
The exclusive right can be assigned by contract for all or part of the goods, but not where it could mislead consumers. Contracts are registered with the Patent Office (Articles 30 and 32).
Can a Tajik trademark be cancelled for non-use?
Legal protection can be terminated early, for all or part of the goods, for non-use during any continuous period of three years after registration. Any person can petition the Appeals Board, and the owner must prove use (Article 27).
How can I check the status of a Tajik trademark?
Use the the National Patent and Information Centre (the Patent Office) of Tajikistan register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies if the application is filed within 6 months of the first foreign filing, and exhibition priority within 6 months of the exhibit. The priority claim is stated at filing or within 2 months of receipt of the application, and the priority documents are supplied within 3 months (Article 10).
How do I change the owner's name or address?
Record the change with the the National Patent and Information Centre (the Patent Office) of Tajikistan so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Tajikistan
SUPREMEiP® files trademarks worldwide through its network and checks every Tajik deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
