The short answer
Under the Law on Trademarks (Law No. 141-VI of 8 June 2019), trademark protection lasts ten years, counted from the filing date for applications filed after 5 November 2008. It can be extended for further ten-year periods by an application filed in the last year, with a six-month grace period on payment of the fee. Protection can end early after three years of non-use. Foreign persons must act through patent attorneys.
Trademark deadlines in Turkmenistan at a glance
These rules come from the Law of Turkmenistan on Trademarks (Law No. 141-VI of 8 June 2019, English-language title Law on Trademarks), read in the official Russian text on WIPO Lex, which we have translated. Fees are set separately, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years. For applications filed after 5 November 2008 the term counts from the filing date; for earlier applications it counts from the date of state registration (Article 3(4)). |
| Which date does the term count from? | The filing date for applications filed after 5 November 2008 (Article 3(4)). |
| When can I renew? | The term can be extended on the owner's application filed with Turkmenpatent in the last year of validity, for each following ten years, on payment of the fee. The extension counts from the expiry of the previous term (Article 20). |
| Is there a grace period? | Yes. The owner is granted a six-month grace period to extend, on payment of the appropriate fee (Article 20). |
| Opposition period | The Law we read does not set a pre-grant opposition period. Applications are examined, and third parties can challenge a registration through the invalidity procedure within the time limits in Article 31. Applicants can appeal Turkmenpatent decisions to the Appeals Commission within three months (Articles 17 and 31). |
| Reply to an office action | The applicant can appeal a Turkmenpatent decision on the application to the Appeals Commission within three months of the decision being sent. Missed time limits can be restored if the request is filed within six months of the missed deadline with a fee for each month (Article 17). |
| Priority claim | Priority is set by the filing date, or by the date of the first application in a Paris Convention state if the application reaches Turkmenpatent within six months of that date (Article 13). |
| Non-use | Protection can be ended early, for all or some goods, because of non-use of the mark during the last three years before the date of the early termination application (Article 26(4)). Early termination is decided by the Appeals Commission or the court (Article 32). |
| Assignment | The right to a trademark can be assigned and licensed, and the assignment contract and licence agreement are registered (Articles 28 to 30). |
Who can register a trademark in Turkmenistan
A mark can be registered in the name of a sole proprietor or of a legal entity carrying on business (Article 3(2)). The right is certified by the trademark certificate.
Representation. Foreign individuals and legal entities exercise their rights before the authorised body through patent attorneys, with a power of attorney (Article 4).
Trademark registration process in Turkmenistan
Search
- Search the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property) records for identical or similar marks in your classes.
File the application
- File with the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property), through a Turkmen 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.
- After examination the mark is registered. Third parties use the invalidity procedure, and applicants appeal decisions within three months (Articles 17 and 31).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property) 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.
Turkmenistan trademark validity and renewal
- Protection lasts ten years from the filing date.
- Extend in the last year, each time for ten years.
- A six-month grace period applies, with the fee.
- Use the mark to avoid early termination after three years.
Diarise the last year of the ten-year term from the filing date.
Assignment, licence and changes to a Turkmen trademark
Entries
Register
Changes in the State Register are published (Articles 21 and 22).
Assignment
Registered
Assignment and licence contracts are registered (Article 30).
Invalidity
5-year limit
Some invalidity grounds are available only for five years from registration (Article 31).
Termination
Appeals Commission or court
Early termination for non-use follows Article 32.
Non-use and cancellation of a Turkmen trademark
Registration can be declared invalid in whole or in part during its term for some grounds, and within five years of registration for others (Article 31). Protection can end early for non-use, on the decision of the Appeals Commission or court (Articles 26 and 32).
Keep dated proof of use in Turkmenistan: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Turkmenistan
Search the Turkmenpatent State Register and Official Bulletin for the filing, registration and extension dates.
Sources used
- Law on Trademarks of Turkmenistan (Law No. 141-VI of 8 June 2019), official Russian text on WIPO Lex (translated by us): Articles 3, 4, 13, 17, 20, 26, 31 and 32.
- Turkmenpatent for fees, forms and the current procedure.
Turkmenistan trademark FAQ
How long does a trademark last in Turkmenistan, and from when?
Ten years. For applications filed after 5 November 2008 the term counts from the filing date; for earlier applications it counts from the date of state registration (Article 3(4)). It counts from the filing date for applications after 5 November 2008 (Article 3).
When should I renew a Turkmen trademark, and is there a grace period?
The term can be extended on the owner's application filed with Turkmenpatent in the last year of validity, for each following ten years, on payment of the fee. The extension counts from the expiry of the previous term (Article 20).
What is the opposition period in Turkmenistan?
The Law we read does not set a pre-grant opposition period. Applications are examined, and third parties can challenge a registration through the invalidity procedure within the time limits in Article 31. Applicants can appeal Turkmenpatent decisions to the Appeals Commission within three months (Articles 17 and 31).
How much does it cost to register a trademark in Turkmenistan?
The official fee is set by the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property) 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 Turkmenistan?
Yes. A foreign applicant must act through a Turkmen patent attorney (Article 4(2)). We arrange this.
Can I assign a Turkmen trademark?
The right to a trademark can be assigned and licensed, and the assignment contract and licence agreement are registered (Articles 28 to 30).
Can a Turkmen trademark be cancelled for non-use?
Protection can be ended early, for all or some goods, because of non-use of the mark during the last three years before the date of the early termination application (Article 26(4)). Early termination is decided by the Appeals Commission or the court (Article 32).
How can I check the status of a Turkmen trademark?
Use the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority is set by the filing date, or by the date of the first application in a Paris Convention state if the application reaches Turkmenpatent within six months of that date (Article 13).
How do I change the owner's name or address?
Record the change with the Turkmenpatent (the State Service of Turkmenistan for Intellectual Property) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Turkmenistan
SUPREMEiP® files trademarks worldwide through its network and checks every Turkmen deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
