WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ARM/O/1
15 August 2003
(03-4262)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ARMENIA
The present document reproduces the text1 of the Law on Trade Names, as notified by
Armenia under Article 63.2 of the Agreement (see document IP/N/1/ARM/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ARMÉNIE
Le présent document contient le texte
1 de la Loi sur les noms commerciaux, notifié par
l'Arménie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/ARM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ARMENIA
En el presente documento se reproduce el texto1 de la Ley de nombres comerciales, notificado
por Armenia de conformidad con el párrafo 2 del artículo 63 del Acuerdo (véase el documentoIP/N/1/ARM/1).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/ARM/O/1
Page 2
ARMENIA
Law on Trade Names*
(of November 23, 1999)
TABLE OF CONTENTS**
Article
Chapter 1: General Provisions
Relations Governed by the Law …………………... 1
Chapter 2: Trade Names
Trade Name ……………………………………….. 2
Legal Protection of a Trade Name ………………… 3Use in Trade Names of Names and Titles Requiring
Authorization ……………………………………… 4
Chapter 3: Registration and Recording of a Trade Name
Application for Registration of a Trade Name ……. 5Examination of an Application and Registration of
a Trade Name ……………………………………… 6
Grounds for Refusing to Register a Trade Name …. 7
Recording of Registered Trade Names ……………. 8Certification of Registration for a Trade Name …… 9
Publication of Information on the Registration of
Trade Names ………………………………………. 10
Chapter 4: Use of a Trade Name
Use of a Trade Name ……………………………… 11
Exclusive Right to Use a Trade Name …………….. 12
Termination  of Validity  of  the  Registration of a
Trade Name ……………………………………….. 13
Chapter 5: Concluding Provisions
Fees ………………………………………………... 14
Settlement of Disputes Connected with Trade
Names ……………………………………………... 15
Responsibility for Infringing the Exclusive Right  to
Use a Trade Name ………………………………… 16
International Agreements …………………………. 17Transitional Provisions ……………………………. 18
Chapter 1
General Provisions
Relations Governed by the Law
1.  This Law shall govern the relations li nked to the registration, legal protection and
use of trade names of legal entities.IP/N/1/ARM/O/1
Page 3
Chapter 2
Trade Names
Trade Name
2.—(1)  A trade name is a name under which a legal entity carries out its activities and
is distinguished from other legal entities.
(2)  A trade name shall contain words ch aracterizing the organizational and legal
aspects of a legal entity and at least one specific (own name, place name or symbolic title) orcommon name allowing it to be distinguished.
(3)  A trade name may also contain the name  of the place of origin of a legal entity,
words characterizing the essential features of its activities and also other information whichits founders or participants consider to be essential.
(4)  The trade name of an economic part nership shall contain the words “general
partnership” or “limited partnership” and the names (titles) of all the participants (fullmembers) of the partnership or the name (title) of at least one of the participants (fullmembers) of the partnership, in addition to the words “and company” and “general
partnership” or “limited partnership.”
(5)  The trade name of a commercial coopera tive shall contain information on the basic
purpose of its activities.
Legal Protection of a Trade Name
3.  In the Republic of Armenia, legal protec tion is granted for a trade name on the basis
of the registration of the trade name in confor mity with this Law and, without its registration
in accordance with international agreements, in conformity with this Law and otherlegislative acts of the Republic of Armenia.
Use in Trade Names of Names and Titles Requiring Authorization
4.—(1)  The full or abbreviated name of a famous person may be used in a trade name
only with the consent of that person or his heirs.
(2)  If the famous person or the heir giving consent to use that person's name considers
that the activities of a legal entity compromise the reputation (prestige) of the famous person,he may bring a legal suit depriving the legal entity of the right to use the name in a tradename and/or claiming compensation for the harm caused.
(3) In trade names, the words “Ai,” “Aiastan,” and “Aikakan,” and their translations in
titles allowing them to be distinguished, the titles of administrative and territorialunits of the Republic of Arme nia, and also the full or a bbreviated name of a famous
person, in the case of his death and absence of heirs, may be used in trade names
only in accordance with the procedure established by the Government of theRepublic of Armenia.IP/N/1/ARM/O/1
Page 4
Chapter 3
Registration and Recording of a Trade Name
Application for Registration of a Trade Name
5.—(1)  Prior to the State registration of a legal entity, considered to be a commercial
organization, its trade name sha ll be registered with the Pate nt Office of the Republic of
Armenia (hereinafter “the Office”).
(2)  Any change in a trade name shall be made only after registration with the Office of
a new trade name in accordance with the procedure established by this Law.
(3)  An application for registration of a trad e name (hereinafter “the application”) shall
be filed with the Office by the founders of the legal entity, a person authorized thereby, or a
body appropriately authorized by the entity's regulations (hereinafter “the applicant”).
(4)  An application may also be filed by a person authorized by the applicant.  The
application shall contain:
(a)  a request to register the trade name, stating the trade name submitted for
registration, its abbreviation or  shortened form, where appropriate, and the applicant's
address;
(b)  clarification of the trade name sub mitted for registration, where it cannot be
understood in Armenian.
(5)  The following shall be attached to the application:
(a)  consent (authorization)—in the cases e nvisaged in Article 4 of this Law;
(b)  power of attorney, if the application is  filed by a person authorized by the
applicant;
(c)  a receipt for payment of the prescribed State fee.
(6)  The application shall be filed in Armenian.(7)  The form of the request and the proced ure for its completion shall be determined by
the Office.
Examination of an Application and Registration of a Trade Name
6.—(1)  The Office shall, within five days  of receiving an application, examine and
determine whether the application and the trade name submitted for registration meet the
requirements of this Law.
(2)  The applicant may, in the course of the application examination and until such time
as a decision is taken to register the trade name , make changes to the filed application.  In this
case, the period specified in paragraph (1) of th is article shall be calculated from the date
when the changes are made.
(3)  If, in the course of the examination, it becomes clear that the trade name submitted
does not meet the requirements of this Law, a deci sion shall be taken to refuse to register the
trade name and the applicant shall be informed accordingly, within three months, of thegrounds for the refusal.IP/N/1/ARM/O/1
Page 5
(4)  Where the applicant does not agree with  the examiner's decision, he may, within
one month of the date on which he receives the decision, submit an appeal to the Office
Appeals Board (hereinafter “the Appeals Board”).
(5)  The Appeals Board shall examine the appeal in accordance with the procedure
established by the Office.
(6)  Where the applicant does not agree with the decision taken by the examiner or that
given by the Appeals Board, he may, in accord ance with the requisite procedure, refer the
matter to the courts.
(7)  If the trade name meets the requirements of this Law, the Office shall take a
decision to register it and, within three days, shall inform the applicant accordingly.
(8)  Once a decision has been taken to register a trade name, the Office shall enter the
trade name in the State Register of Trade Names of the Republic of Armenia.
(9)  The day, month and year (hereinafter “the date”) of registration of a trade name
shall be established according to the date on which an application is filed with the Office.
(10)  Trade names shall be  registered in Armenian.
(11)  The State Register shall contain deta ils of the trade name, the registration number
and date, application number,  and applicant's address.
(12)  Until the State registration of a lega l entity, but for a period not exceeding six
months, a trade name entered in the State Register shall receive temporary protection.
Grounds for Refusing to Register a Trade Name
7.  The following shall not be registered as trade names;  a name:
(a)  coinciding with the trade name of a particular legal entity, registered previously in
the Republic of Armenia, or with the trade name  of some foreign legal entity, known to the
public in a particular area or which has beco me generally known as a result of public use of
the trade name or trademark and service mark, and also coinciding with a particulartrademark or service mark, an appellation of origin, with an earlier deadline for validity ofregistration in the Republic of Armenia, or similar to the point of confusion and relating toone and the same sphere of activity;
(b)  contrary to public interest, or the principles of humanity and morality;
(c)  of a particular good or service, or one ch aracterizing their quality, feature, quantity
or production method, or advertising them;
(d)  containing the full or abbrev iated name of a historical or famous personality in the
Republic of Armenia and submitte d without the corresponding authorization for use of the
name;
(e)  coinciding with or similar to the point of confusion to the name of a particular
State, international governmental  or non-governmental organization.IP/N/1/ARM/O/1
Page 6
Recording of Registered Trade Names
8.—(1)  Registered trade names shall be recorded by the Office on the basis of
information provided by the body carrying out State registration of legal entities in theRepublic of Armenia (hereinafter “the body registering legal entities”).
(2)  The body registering legal entities shall, on a quarterly basis, provide the Office
with information relating to entries made concerning legal entities registered in a given
quarter, their liquidation and also  changes in their trade names.
(3)  The information submitted shall contain the trade name, State registration number
and date, the place of business of the legal en tity and, in the case of  liquidation, the date of
inclusion in the register of legal entities of the appropriate entry.  On the basis of theinformation obtained, the Office shall:
(a)  take a decision to grant a certificate for the trade name or to recognize its
registration as invalid;
(b)  make the corresponding entries in th e State Register of Trade Names.
Certification of Registration for a Trade Name
9.—(1)  For 10 days after a decision has been  taken to grant a certificate for a trade
name, the Office shall, according to a request made by a legal entity, grant that entity acertificate of registration for the trade name.
(2)  The certificate of registration for the trade name shall attest to the State registration
of the trade name and also to the exclusive right of the legal entity to use the trade name.
(3)  The form of the certificate for registration of a trade name and the details of the
information contained therein sha ll be determined by the Office.
(4)  The registration of a trade name shall have immediate effect.
Publication of Information on th e Registration of Trade Names
10.—(1)  Information on the registration of trade names and also on all the changes
made, in accordance with this Law, to the State Register of Trade Names shall be published
in the Office's official journal.
(2)  The full content of the published inform ation on State registration of a trade name
shall be determined by the Office.
Chapter  4
Use of a Trade Name
Use of a Trade Name
11.—(1)  The use of a trade name shall include the completion of deals, the
introduction of goods into the economy, advertis ing for goods and services, the completion of
financial transactions, the brin ging of a legal action under this  name, and also the use of aIP/N/1/ARM/O/1
Page 7
trade name on goods, their packaging, signs,  seals, stamps, forms, posters and other
applications permitted by the law.
(2)  Individual subdivisions of a legal entity shall use the trade name of the entity in
conjunction with words characterizing the specif ic features of the subdivision's activities or
the name of its place of business.
(3)  The trade name shall be used only in the form in which it is entered in the State
Register.
(4)  The trade name may be used together w ith its translations into foreign languages.
In this case, the distinguishing feature of th e name contained in the trade name shall not be
translated.
Exclusive Right to Use a Trade Name
12.—(1)  The exclusive right to use a trade name shall come into force from the day of
State registration of a legal entity, or from the day on which entries concerning changes in thetrade name of a registered legal entity are included in the register of legal entities, and shall
be valid for the whole of its period of  activity in the Republic of Armenia.
(2)  The exclusive right to use the trade name of a foreign legal entity shall enter into
force on the grounds that it has become generally known to the public or as a result of publicuse in the Republic of Armenia of the trade na me or trademark and service mark in question
in a particular sphere, and sha ll be valid for the whole period of such consecutive use, if the
trade name does not contravene  the requirements established by this Law for the registration
of trade names.
(3)  The infringement of the exclusive right to use a trade name shall comprise the use
by other natural persons and legal entities of a name which is identical or similar to the point
of confusion to the protected trade name.
(4)  In case of unlawful use by other natural persons and legal entities of the trade name
of a legal entity, including the acquisition of rights and duties relating to the trade name inquestion, the legal entity may protect his righ ts by referring the matter to the courts.
(5)  The exclusive right to use the trade name of a legal entity may be transferred only
together with the legal entity in question, in the case of its reorganization.
Termination of Validity of the Registration of a Trade Name
13.—(1)  The validity of the registration of a trade name shall be terminated and a legal
entity shall be deprived of the exclusive right to use a trade name if:
(a)  in the cases established by the law, according to a court decision the legal entity
was forbidden to use the trade name in question;
(b)  in the cases established by the law, the court recognized the registration of the trade
name as invalid;
(c)  the legal entity has changed its trade name;
(d)  the legal entity has been liquidated.IP/N/1/ARM/O/1
Page 8
(2)  The courts of the Republic of Armeni a shall inform the Office of the decisions
taken in relation to trade names.
(3)  On the basis of court decisions relating to trade names, the Office shall make the
corresponding amendments to the State Register.
(4)  Where a legal entity is deprived of the exclusive right to use a trade name, the name
in question may be registered as the trade name of another legal entity after a minimum
period of three years.
Chapter 5
Concluding Provisions
Fees
14.  Fees shall be levied for activities c onnected with the registration and legal
protection of a trade name, the types, amounts and procedure for payment of which shall be
fixed by law.
Settlement of Disputes C onnected with Trade Names
15.  Disputes connected with the registration and use of trade names shall be settled by
the courts.
Responsibility for Infringing the Excl usive Right to Use a Trade Name
16.—(1)  The harm caused to a legal entity where its exclusive right to use a trade name
has been infringed shall be compensated by the infringing party.
(2)  In order to reestablish the reputation (prestige) of the legal entity that has suffered
harm, the Office shall, on behalf of the infrin ging party, publish information in its official
journal concerning the corresponding court d ecision, having also indicated to whom the
infringed right belongs.
(3)  Where the exclusive right to use a trade name has been infringed, the signs, seals,
stamps, forms, posters and other printed ma tter produced by the infringing party and
containing the trade name shall be destroyed.
International Agreements
17.  Where alternative provisions to thos e envisaged in this Law are made in
international agreements to which the Republic of Armenia is party, those alternative
provisions shall apply.
Transitional Provisions
18.—(1)  Following the entry into force of this Law, the validity of the registration of
previously registered trade names of legal entities shall remain in force.IP/N/1/ARM/O/1
Page 9
(2)  Following the entry into force of this Law, unregistered trade names of legal
entities shall be registered in accordance with the procedure established by this Law until the
current registration of the legal entity.
(3) The Law of the Republic of Armenia on Trade Names, adopted on May 12, 1997, is
hereby repealed.
_______________
*Russian title:  ЗАКОН  РЕСПУБЛИКИ  АРМЕНИЯ  О ФИРМЕННЫХ  НАИМЕНОВАНИЯХ .
Entry into force:  January 7, 2000.
Source:  Communication from the Armenian authorities.
Note:  Translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
__________