WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ARM/I/1
15 August 2003
(03-4263)
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 Trademarks, Service Marks and
Appellations of Origin, 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 marques de fabrique ou de commerce,
les marques de services et les appellations d'origine, 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 PropiedadIntelectual 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 texto
1 de la Ley sobre marcas de fábrica o de
comercio, marcas de servicios y denominaciones de origen, notificado por Armenia de conformidad
con el párrafo 2 del artículo 63 del Ac uerdo (véase el documento IP/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/I/1
Page 2
REPUBLIC OF ARMENIA
Law on Trademarks, Service Marks and Appellations of Origin*
(of March 20, 2000)
TABLE OF CONTENTS**
Article
Part :  Trademarks and Service Marks
Chapter I: Trademarks, Service Marks and their Legal Protection
Trademarks and Service Marks ………………………………... 1
Legal Protection of a Trademark ………………………………. 2
Certificate for Registration of a Trademark …………………… 3Exclusive Right to a Trademark ……………………………….. 4Types of Trademark …………………………………………… 5
Chapter 2 Registration of a Trademark
Application for Registration of a Trademark ………………….. 6Priority of a Trademark ………………………………………... 7
Examination of an Application ………………...……………… 8
Preliminary Examination ……………………………………… 9Examination of a Claimed Designation ……………………….. 10Absolute Grounds for Refusing to Register a Trademark ……... 11
Other Grounds for Refusing to Register a Trademark ………… 12
Appeals Against Examiners' Decisions and  Renewal ofDeadlines Missed by Applicants ………………………………. 13Registration of a Trademark …………………………………… 14Issue of a Trademark Certificate ………………………………. 15
Period of Validity of Trademark Registration ………………… 16
Entry of Amendments in the Register …………………………. 17Publication of Registration Information ……………………….. 18Registration of a Trademark Abroad …………………………... 19
Chapter 3: Collective Mark
Collective Mark ………………………………………………... 20Registration of a Collective Mark ……………………………... 21
Chapter 4: Use of a Trademark
Use of a Trademark and the Consequences of its Non-Use …… 22Restriction of Rights of a Trademark Owner ………………….. 23
Preventive Labeling …………………………………………… 24
Chapter 5: Transfer of a Trademark
Assignment of a Trademark …………………………………… 25
Permission to Use a Trademark ……………………………….. 26
Registration of an Agreement to Assign a  Trademark and aLicensing Agreement ………………………………………….. 27
Chapter 6: Termination of Legal Protection of a Trademark
Recognition of Trademark Registration as Invalid ……………. 28Cancellation of Registration and Re-registration of aTrademark ……………………………………………………... 29
Part II:  Appellation of Origin
Chapter 7: Appellation of Origin and its Legal Protection
Appellation of Origin ………………………………………….. 30
Legal Protection of an Appellation ……………………………. 31IP/N/1/ARM/I/1
Page 3
Chapter 8: Registration and Provision of the Right to Use an Appellation
An Application for Registration and the Right to Use anAppellation …………………………………………………….. 32Examination of an Application ……………………………… 33
Appeal Against an Examiner's Decision and  Renewal of
Deadlines Missed by the Applicant ……………………………. 34Grounds for Refusing to Regi ster an Appellation ……………... 35
Registration of an Appellation and Issue of a  Certificate for the
Right to use the Appellation …………………………………… 36
Period of Validity of a Certificate for the Right to Use anAppellation …………………………………………………….. 37Inclusion of Amendments in the Register ……………………... 38
Publication of Information on the Registration and  Provision
of the Right to Use an Appellation …………………………….. 39Registration of an Appellation Abroad ………………………... 40
Chapter 9: Use of an Appellation
Use of an Appellation ………………………………………….. 41Preventive Marking ……………………………………………. 42
Chapter 10: Termination of Legal Protection of an Appellation
Recognition of Registration of an Appellation and of theCertificate for the Right to Use the Appellation as Invalid ……. 43Recognition of the Lapse of Registration of an Appellation and
Validity of a Certificate for the Right to Use the Appellation … 44
Part III:  Final Provisions
State Fees ……………………………………………………… 45Settlement of Disputes Relating to the Implementation of this
Law …………………………………………………………….. 46
Liability for the Unlawful Use of a Trademark and anAppellation …………………………………………………….. 47The Rights of Foreign Individual Manufacturers and Legal
Persons ………………………………………………………… 48
International Agreements ……………………………………… 49Transitional Provisions ………………………………………… 50
This Law shall govern relations concerning the registration, legal protection and use of trademarks,
service marks and appellations of origin.
PART I
TRADEMARKS AND SERVICE MARKS
Chapter 1
Trademarks, Service Marks and their Legal Protection
Trademarks and Service Marks
1.  Trademarks and service marks (hereinafter “trademark”) represent the designation
by means of which the goods and services of a particular legal entity or individual
manufacturer are correspondingly distinguished from the same type of goods and services(hereinafter “goods”) of other lega l entities and indivi dual manufacturers.IP/N/1/ARM/I/1
Page 4
Legal Protection of a Trademark
2.  Legal protection for a trademark in the Republic of Armenia shall be granted on the
basis of State registration (hereinafter “registration”) of the trademark, in accordance with theprocedure established by this Law, or pursuant to the international agreements to which theRepublic of Armenia is party.
Rights relating to trademarks shall be protected by the law.
Certificate for Registration of a Trademark
3.—(1)  A trademark may be registered in th e name of a legal entity or an individual
entrepreneur.
(2)  The owner of a registered trademark shall be granted a certificate of registration for
the trademark (hereinafter “trademark certificate”).
(3)  A trademark certificate shall attest to the fact that the trademark has been
registered, its priority and also the exclusive right to use the trademark in relation to the
goods indicated in the trademark certificate.
Exclusive Right to a Trademark
4.—(1)  The exclusive right to a trademark shall be valid from the time of its
registration.
(2)  The owner of a trademark shall have th e exclusive right to own, use and dispose of
the mark, and also to prohibit its use by other pe rsons.  No person shall have the right to use a
trademark protected in the Republic of Armeni a, without the authorization of the owner of
the trademark.
(3)  The owner of a registered trademark sha ll have the exclusive right to prohibit third
parties from producing, using, importing, selling and proposing for sale a trademark or a
good designated by that mark, in the pr ocess of commercial activity, without his
authorization, and also the marketing by other means or storage for the same purpose of the
good designated by the mark or of the trad emark, as well as the performance of the acts
envisaged by Article 22(1) and (2) of this Law, if the trademark is identical or similar to thepoint of confusion with his trademar k and is used in relation to goods
(a)  registered under his trademark;
(b)  of the same type as goods registered under his trademark.
(4)  It shall be forbidden to use, in the process of commercial activity, a particular
designation representing a re production, imitation or translati on of a designation, similar to
the point of confusion with a trademark reco gnized and generally known in the Republic of
Armenia in relation to specific goods, and whic h may be used without the owner's permission
in relation to
(a)  identical goods or those of the same type;IP/N/1/ARM/I/1
Page 5
(b)  goods not of the same type which, by creating a misleading impression, force a link
to be assumed between these goods and the owner of a well-known trademark, provided that
such use may harm the latter's interests.
(5)  These provisions shall also extend to cases  where an essential part of a designation
is a reproduction of such a well-known trademar k or its imitation to the point of confusion.
(6)  If a trademark is registered in the Republic of Armenia in the name of an agent or
representative of the owner of the trademark, protected in one of the States parties to the ParisConvention for the Protection of Industrial Pr operty (hereinafter th e “Paris Convention”),
without the owner's consent, the owner shall be  entitled to prohibit the agent or representative
from using the trademark without his authorizati on, if he is unable to provide proof justifying
his actions.
Types of Trademark
5.—(1)  Verbal (including words, numbers , letters and names) , pictorial, three-
dimensional, sound and any other form of desi gnations, or a combination thereof, may be
registered as trademarks.
(2) A trademark may be registered in any color or combination of colors.
Chapter 2
Registration of a Trademark
Application for Registration of a Trademark
6.—(1)  An application for registration of a trademark (hereinafter “an application”)
shall be filed with the Patent Office of the Republic of Armenia (hereinafter “the Office”) bya legal entity or an individual manufacturer (hereinafter—up to the end of this Part—“an
applicant”), in whose name registra tion of the trademark is requested.
(2)  An application may also be filed thro ugh a patent attorney registered with the
Office.
(3)  Foreign legal entities and individual ma nufacturers shall manage affairs relating to
the registration of trademarks, through patent attorneys registered with the Office.  The
authority of a patent attorney shall be confirme d by a power of attorney issued by the person
in whose name registration of the trademark is requested.
(4)  The procedure for certifying and register ing patent attorneys shall be established by
the Office.
(5)  The activities of patent attorneys shall be governed by the Statute approved by the
Government of the Republic of Armenia.
(6)  An application shall relate to  one trademark only and shall contain:
(a)  a request for registration of the tradem ark, including the applicant's name and his
place of residence or business;
(b)  an image of the claimed de signation and its description;IP/N/1/ARM/I/1
Page 6
(c)  a list of goods grouped in accordance with the classes of the International
Classification of Goods and Services, for wh ich registration of the mark is claimed.
(7)  The application shall be accompanied by a:
(a)  receipt for payment of the requisite fee for filing the application and carrying out an
examination;
(b)  the regulations for the collective mark, where an application is filed for such a
mark;
(c)  a document confirming the authority of a pa tent attorney (power of attorney), if an
application is filed through such an attorney.
(8)  The application shall be filed in Ar menian.  The documents attached to the
application may be submitted in another language.  In this ca se, applicants from the Republic
of Armenia shall submit their translation into Armenian together with the application andforeign applicants—within two months of the application filing date.
(9)  The requirements for application documen ts shall be established by the Office.
Priority of a Trademark
7.—(1)  The priority of a trademark shall be  established according to the year, month
and day (hereinafter “ the date”) on which an application is filed with the Office.
(2)  The priority of a trademark may be established according to the date on which the
first application is filed in one of the Stat es parties to the Pari s Convention (convention
priority), if the application is filed with the Office within six months of the date in question.
(3)  The priority of a mark displayed amon g the exhibits at official, or officially
recognized, international exhibitions, on the territo ry of one of the States parties to the Paris
Convention, may be established according to the date on which the exhibit began to be
displayed at the exhibition (exhibition priority), if the application is filed with the Office
within six months of the date in question.
(4)  An applicant wishing to enjoy the righ t of convention or exhi bition priority shall,
when filing an application or within two months of the day on which the application is filedwith the authorized State body, inform that body accordingly and shall attach documentsattesting to the right to this requirement, or s ubmit these documents to the Office within three
months of the date on whic h the application is filed.
(5)  The priority of a trademark may be established according to the priority date of a
trademark having international registration, in  accordance with the international agreements
to which the Republic of Armenia is a party.
(6)  If, in the course of an examination, it is established that designations submitted for
registration, which are identical or similar to th e point of confusion, a nd coincide partially or
fully with a list of goods, have the same pr iority date, a designation (or one of the
designations similar to the point  of confusion) may be regist ered in relation to the goods
coinciding, in the name of one of the applicants, in accordance with an agreement reached
between the applicants.IP/N/1/ARM/I/1
Page 7
Applications relating to goods coinciding sh all, within six months of the day on which
the Office receives appropriate notification, be considered to have been withdrawn, if the
applicants do not reach agreement on the regist ration of the designation relating to the goods
coinciding.
Examination of an Application
8.—(1)  The examination of an applicati on, including a preliminary examination and an
examination of the claime d designation, shall be carried out by the Office.
(2)  An applicant may, within two months of the day on which the application is filed
until a decision is taken thereon, at his own initiative make additions , clarifications and
corrections to the application materials.
(3)  An applicant may, in the course of an examination until a decision is taken to
register a designation, submit a request to change  the applicant for the application in question.
(4)  If additional materials substantially change the designation submitted for
registration, or if the list of goods stated in th e application includes goods that are not of the
same type, those materials will not be considered and may be filed by the applicant as an
independent application.
(5)  During an examination the Office may request the applicant to provide additional
materials without which the exa mination cannot be carried out.  The additional materials shall
be submitted within two months of the day on which the relevant request is received.
(6)  The period in question may, at the a pplicant's request, be extended by a maximum
of six months, provided the request to extend th e period has been received before the end of
the two months referred to above.  Where the requested materials are not submitted within theprescribed period, the application shall be c onsidered to have been withdrawn and the
applicant shall be informed accordingly.
(7)  An application may, at the applicant' s request, be withdrawn at any stage of the
examination.
Preliminary Examination
9.—(1)  The preliminary examination of an application shall be  conducted within one
month of the day on which the application is filed.  In cases where a request is submitted, inaccordance with Article 8(5) of this Law, the period in question shall be interrupted until such
time as a response is received.
(2)  In the course of a preliminary examina tion, the content of the application shall be
verified, as shall the submission of the requi site documents and their compliance with the
established requirements.  On the basis of the results of the preliminary examination, the
applicant shall be informed as to whether the application will be considered.
(3)  Where an application is considered, the applicant shall be informed of the date of
submission of the trademark.IP/N/1/ARM/I/1
Page 8
Examination of a Claimed Designation
10.—(1)  A claimed designation shall be examined within six months of the completion
of the preliminary examination.  During the exa mination, the priority of the trademark shall
be established and it sh all be verified whether the claimed designation meets at least the
requirements of Artic le 11 and Article 12( 1) of this Law.
(2)  On the basis of the outcome of an exa mination, a decision shall be taken to register
the claimed designation as a trademark or to refuse to register the designation.
(3)  The applicant may, within two months of the day on which a decision to refuse to
register a designation is received, submit a request for re-examination and shall providedetails of the justification therefor.
(4)  The period in question may, at the a pplicant's request, be extended by a maximum
of six months, if the request to extend the peri od has been received before the end of the two
months referred to above.
(5)  An examination decision to register a designation may be reviewed by the Office as
a result of the receipt of an application for a designation enjoying an earlier priority andidentical or similar to the point of confusion, in relation to goods of the same type or in
connection with the registration of an appellation of origin.
Absolute Grounds for Refusing to Register a Trademark
11.—(1)  A trademark shall not be registered if it consists only of  designations which
(a)  do not have a distinguishing feature;
(b)  represent State arms, flags and emblems, official names of States, full or
abbreviated names of international organizati ons, official emblems, official control and
guarantee stamps and hallmarks, seals, decorations and other distinguishing signs ordesignations similar to those listed to the poi nt of confusion.  Such designations may be
included as unprotected elements in a trademark, with the consent of their owner or of the
appropriate competent authority;
(c)  are in general use as designations ch aracterizing goods of a particular type;
(d)  are generally recognized symbols and terms;
(e)  indicate the form, quality, quantity, features, cost, and general purpose of the good,
as well as the time and place of its manufacture and production;
(f)  are exclusively part of the outward appearance of the good, which
—  stems from the character of the good itself,
—  is necessary to achieve some kind of technical result;
—  gives the good essential value.(2)  The designations listed in paragraph (1) (a) to (f) of this article may be included as
unprotected elements in a tradem ark, provided that they do not constitute the vast majority of
the components of the trademark.IP/N/1/ARM/I/1
Page 9
(3)  Designations may not be registered as a trademark, if they constitute or contain
(a)  information relating to the good or manufacturer that is false or misleading to the
user;
(b)  a geographical designation submitted fo r registration in relation to such goods
which have not been produced in the place w ith the geographical designation in question, if
the use of this geographical designation misleads the user as to the actual place of origin ofthe goods;
(c)  a geographical designation which indivi dualizes wines that have not been produced
in the place with the geographical designati on in question, or a geographical designation
individualizing spirits that have not been produced in the place with the geographicaldesignation in question, even if the actual  origin of the goods, or the geographical
designation, is used in translation or in combin ation with such expressions as “kind,” “type,”
“style,” “imitation,” and other similar expressions.
(4)  Designations contrary to the interests of society, the principles of humanity and
morality, and rules preventing unfair competition (business practice) may not be registered as
a trademark.
(5)  The requirements of paragraph (1) (f) of this article in relation to the place of
production (geographical designation) of the g ood shall not be extended to collective marks
registered in accordance with Article 21 of this Law.
Other Grounds for Refusing to Register a Trademark
12.—(1)  Designations identical or similar to the point of confusion may not be
registered as a trademark, if they contain
(a)  a trademark with earlier priority, already registered or filed for registration in the
Republic of Armenia in the name of another person and in relation to identical goods or those
of the same type;
(b)  trademarks of other persons in relation to  goods of the same form or type, protected
without registration pursuant to the interna tional agreements to which the Republic of
Armenia is a party;
(c)  trademarks recognized as being gene rally known in the Republic of Armenia in
relation to goods that are identical or of the same type, as defined by the Office;
(d)  the name of the place of origin of th e good protected by the law of the Republic of
Armenia, excluding the cases in which it is in cluded as an unprotected element in a trademark
registered in the name of persons entitled to use such a name;
(e)  certified signs registered according to the established procedure.
(2)  Designations may not be registered as a trademark, if they reproduce
(a)  trade names (or part thereof), known in  the Republic of Armenia and belonging to
other persons, if they have obtained entitlement thereto prior to the filing date of theapplication for a trademark in relation to goods of the same type;IP/N/1/ARM/I/1
Page 10
(b)  industrial designs with earlier priority, en titlement to the enjoyment of which in the
Republic of Armenia belongs to other persons;
(c)  names, known in the Republic of Armenia, of works of science, literature or art, or
quotations therefrom, without the consen t of the authors or of their heirs;
(d)  first names, family names, pseudonyms and derivatives thereof, portraits and
facsimiles of famous people without  the permission of such persons or their heirs, or without
permission given in accordance with the proc edure established by the Government of the
Republic of Armenia.
(3)  In order for a trademark to be recognized as known in the Republic of Armenia, in
accordance with the requirement of paragraph (1) (c) of this article, consideration shall be
given to the context in which it is known to the corresponding parts of society as a result ofthe honest use of the trademark in question in  one of the States parties to the Paris
Convention, or in adve rtising activity in th e Republic of Armenia.
(4)  The provisions of paragraph (1) (a) to (c) of this article sha ll also be extended to
trademarks filed for registration in  relation to goods that are not of the same type, if this may
mislead the user and become the reason for th e assumption of a link between these goods and
the owner of the trademark registered, protect ed without registration or recognized as known
in the Republic of Armenia, taking into acc ount that this may harm the latter's interests.
(5)  The provisions of paragraph (1) of this  article shall not be extended to identical
geographical designations indivi dualizing wines, if they are combined with the corresponding
distinguishing complementary indications, provi ded that they preserve the requirements of
Article 11(3) (b) of this Law.
Appeals Against Examiners' Decisions
and Renewal of Deadlines  Missed by Applicants
13.—(1)  Where he does not agree with the decision taken as a result of a preliminary
or re-examination, an applicant may, within thr ee months of the day on which he receives the
decision, submit an appeal to the Office Appeal s Board (hereinafter “the Appeals Board”).
(2)  The Appeals Board may examine an appeal in accordance with the procedure
established by the Office.
(3)  Where he does not agree with the decision taken as a result of a preliminary or re-
examination, or a decision reached by the App eals Board, an applicant may refer the matter
to the courts in accordance with the established legal procedure.
(4)  An applicant may familiarize himself with the materials indicated in an examiner's
decision.  The applicant may, within one mont h of the day on which the decision is received,
request copies of these materials.
(5)  On the basis of a request filed by th e applicant, the Office may renew the deadline
provided for by Article 8(3) and (6) of this Law and paragraphs (1) and (3) of this article, and
missed by the applicant, within three months of  its expiry, provided that the prescribed fee is
paid.IP/N/1/ARM/I/1
Page 11
Registration of a Trademark
14.  The Office shall, on the basis of a deci sion to register a trademark within one
month of receiving a receipt for payment of the prescribed fee, enter a trademark in the StateRegister of Trademarks of the Republic of Ar menia (hereinafter—up to the end of this Part—
“the Register”).  The Register shall contai n the trademark, information on its owner, the
priority date and registration of the tradem ark, a list of goods for which the trademark is
registered, and other informati on approved by the Office, as well as subsequent amendments
thereto.
Issue of a Trademark Certificate
15.  A trademark certificate shall be issued by the Office within one month of the day
on which the trademark is entered in the Register.  The form of the certificate and a list of the
information contained therein sha ll be determined by the Office.
Period of Validity of Trademark Registration
16.—(1)  The registration of a trademark shall be valid for 10 years from the filing date
of the application with the Office.
(2)  The period of validity of trademark registration may be extended repeatedly, on
each occasion for 10 years.  The validity of trademark registration shall be extended at therequest of its owner, filed durin g the final year of the current period of validity of registration.
(3)  The validity of the registration may also be extended at the request of the trademark
owner, filed within six months of the expiry  of the period of validity of the trademark's
registration, provided that an additional fee has been paid.
(4)  The Office shall enter in the Register  details of the extension of the period of
validity of registration of a trademark and, at th e owner's request, in the trademark certificate.
Entry of Amendments in the Register
17.—(1)  A trademark owner shall inform the Office of any change in his title or family
name, first name and pa tronymic, a reduction in the list of goods for which the trademark is
registered, a change in the individual elemen ts of the trademark, which do not change its
substance, and other changes relating to the registration of the trademark.
(2)  Amendments shall be entered in the Register and a trademark certificate shall be
issued at the request of the trademark owner, provided that the prescribed fee has been paid.
Publication of Registration Information
18.  The Office shall publish information relating to the registration of a trademark and
provided for by Article 14 of this Law, in its o fficial journal and within three months of the
day of registration.IP/N/1/ARM/I/1
Page 12
Registration of a Trademark Abroad
19.—(1)  Legal persons and i ndividual manufacturers in th e Republic of Armenia may
register a trademark abroad or register it internationally.
(2)  An application for international registration of a trademark shall be filed through
the Office.
Chapter 3
Collective Mark
Collective Mark
20.—(1)  A trademark of any economic a ssociation, intended to designate goods
possessing combined qualitative or other general characteristics, and manufactured and/orproduced thereby shall be regarded as a collective mark.
(2)  A collective mark and the entitlement to its use shall not be assigned.
Registration of a Collective Mark
21.—(1)  The regulations for a collective mark shall be attached to an application for
registration of such a mark and shall contain the name of an economic association, the name
of a legal person authorized to register the co llective mark in their own name, a list of legal
persons entitled to use this mark, the purpos e of registration, the names of the goods
designated by the collective mark, and their combined qualitative or other generalcharacteristics, conditions of use of the collec tive mark, procedure for monitoring its use, and
responsibility for infringing the regulations of the collective mark.
(2)  In addition to the information provided fo r by Article 14 of this Law, details of the
legal persons entitled to use a collective mark shall also be entered in the Register.  Thesedetails, together with extracts from the regulations on the goods possessing commonqualitative or other general characteristics, for which the collective mark is registered, shallbe published in the Office's Official Journal.
(3)  The owner of a collective mark shall inform the Office of any amendments made to
the collective mark regulations.
(4)  In cases where a collective mark is used on goods which do not have common
qualitative or other general characteristics, the validity of registration may be terminatedprematurely either in full or in part, on a court decision based on a request by any person.
(5)  A collective mark or application ther efor in accordance with the procedure
established by the Office may correspondingly be converted into a trademark or anapplication for such a mark of a legal pers on or individual manufacturer, and vice versa.IP/N/1/ARM/I/1
Page 13
Chapter 4
Use of a Trademark
Use of a Trademark and the Consequences of its Non-Use
22.—(1)  A trademark shall be considered to  be used when it is placed on goods for
which the trademark is registered, and/or their packaging.
(2)  A trademark shall also be considered to  be used when it is applied in advertising,
publications, and also official fo rms, signboards, displays of ex hibits at exhibitions and fairs
organized in the Republic of Ar menia, only in cases where the mark cannot be displayed on
goods and/or their packaging.
(3)  Legal persons and individual manufacturers acting as intermediaries may, on the
basis of an agreement, use their trademark in addition to that of the manufacturer of the goods
or instead of it.
(4)  The validity of registration of a trad emark based on a request by any person may,
following a court decision, be terminated premat urely in relation to all goods for which it is
registered or part thereof, if it is not used by the owner of the trademark or person with such
an entitlement, according to a licensing agreement and pursuant to Article 26 of this Law,continuously from the date of registration of the trademark or in the five years preceding the
request.
(5)  The validity of the registration of a tr ademark may not be terminated in relation to
all goods or part thereof, if:
(a)  the trademark owner or person entitled to use the trademark has cited reasons
relating to the fact that the non-use of the trademark is the result of circumstances which areinsurmountable, unforeseen and beyond his control;
(b)  the trademark was used by its owner or by a person entitled to use it such that it
differs from that registered only in relation to individual elements which do not change its
distinguishing features;
(c)  in the Republic of Armenia the trad emark was placed on goods and/or their
packaging exclusively for export purposes.
(6)  Certain pharmaceutical, food and indus trial goods and types thereof, and also
alcoholic and non-alcoholic drinks , shall be labeled with regist ered trademarks.  A full list of
these goods shall be approved by the Government of the Republic of Armenia.
Restriction of Rights of a Trademark Owner
23.—(1)  The owner of a trademark may not pr ohibit third persons from using, in the
process of commercial activity:
(a)  their title (name, pseudonym) or address;
(b)  designations characterizing the form, quality, quantity, cost, purpose of creation
(provision) and other features of a good, and also designations characterizing the time andplace of production and manufacture (provision) of a good;IP/N/1/ARM/I/1
Page 14
(c)  a trademark, where this is required to i ndicate the purpose of creation (provision) of
a good, in particular as auxiliary or spare part s, if they are used without harming the lawful
interests of the trademark owner and of th ird persons, and without misleading the user.
(2)  The owner of a registered trademark ma y not prohibit the use by other persons of a
given mark in relation to goods which the ma rk owner introduced, or which were introduced
with his consent, into the economy in any country  with this designation, if the characteristics
of these goods in the marketing process were not  subject to change either naturally or as a
result of interference.
Preventive Labeling
24.  A trademark owner may place, next to the trademark, a preventive mark
confirming registration of the trademark in que stion in the Republic of Armenia—in the form
of an ® in a circle or the individual Latin letter R, or also in the form of the expressions
“Trademark” or “Registered trademark.”
Chapter 5
Transfer of a Trademark
Assignment of a Trademark
25.  A trademark may be assigned by agreement to other persons for all the goods, or a
number thereof, stated in the trademark certificate.  The assignment of a trademark shall notbe permitted, where this might be the reason for misleading the user as regards the good itself
or its manufacturer.
Permission to Use a Trademark
26.—(1)  A trademark owner (licensor) may, on the basis of a licensing agreement, give
another person (licensee) per mission to use the trademark.
(2)  The licensing agreement shall indicate th at the quality of the licensee's good shall
not yield to the quality of the licensor's good and that the licensor shall monitor compliancewith this requirement.
(3)  Permission to use a trademark shall not be given, where this may be the cause of
the user being misled as regards the place where the good is produced.
Registration of an Agreement
 to Assign a Trademark and a Licensing Agreement
27.  An agreement to assign a trademark and a licensing agreement shall be registered
with the Office.  An unregistered agreement shall be considered invalid.IP/N/1/ARM/I/1
Page 15
Chapter 6
Termination of Legal Protection of a Trademark
Recognition of Trademark Registration as Invalid
28.—(1)  The registration of a trademark may be recognized as invalid either fully or
partially during the whole of the period of its va lidity, if it is produced in contravention of the
requirements of Artic les 3 and 11 of this Law, or used di shonestly, in particular in accordance
with Article 6 septies  of the Paris Convention, and also w ithin five years of the day on which
information on the registration of the trademar k is published in the Official Journal—based
on the requirements of Article 12 of this Law.
(2)  Any natural or legal person may submit an appeal to the Appeals Board regarding
recognition of the registration of a trademark as invalid.  The Appeals Board shall examine
the appeal in accordance with the procedure established by the Office.
(3)  An Appeals Board decision may, within six months of the day in which it is taken,
be challenged in the courts.
(4)  In accordance with paragraph (1) of th is article, the registration of a trademark may
be recognized as invalid either fully or partially, also at the Office's instigation and accordingto the procedure approved thereby.
Cancellation of Registration and Re-registration of a Trademark
29.—(1)  The Office shall cancel the registration of a trademark in the following cases:
(a)  the period of validity of trademark regi stration, provided for by Article 16 of this
Law, has expired;
(b)  in accordance with Article 21(4) of this Law, on a court decision the registration of
a collective mark is terminated prematurely as a result of the use of the collective mark on
goods which do not have common qualitativ e or other general characteristics;
(c)  in accordance with Article 22(4) of this  Law, on a court decision the validity of a
trademark is terminated prematurely as a result of the trademark not being used;
(d)  registration of a trademark is recognized as invalid—in accordance with Article 28
of this Law;
(e)  the trademark owner goes into liquidation;
(f)  following a request by any person, on a co urt decision a trademark is recognized as
having been converted into a designation and as  having become generally used to designate
goods of a particular type;
(g)  in connection with the registration of an  appellation of origin for a good identical or
similar to the trademark to the point of conf usion, taking into account the requirements of
Article 41(7) of this Law;
(h)  the owner of the trademark has rejected said mark.
(2)  In cases where the registration of a trademark is canceled in accordance with
paragraph (1) of this artic le (excluding subparagraph (d)), the trademark may not, withinIP/N/1/ARM/I/1
Page 16
three years of the day on which the validity of registration is terminated, be registered in the
name of other persons, excluding the previous owner or his successor in title.
PART II
APPELLATION OF ORIGIN
Chapter 7
Appellation of Origin and its Legal Protection
Appellation of Origin
30.—(1)  An appellation of origin (hereinaft er “appellation”) shall be the name of a
country, populated area, locality or other geog raphical location (hereinafter “geographical
location”), used to designate a good, the par ticular features of which are exclusively or
mainly defined by natural cond itions and/or human factors char acteristic of the geographical
location in question.
(2)  The appellation may be the historical name of a geographical location.(3)  A name which, although constituting or containing the name of a geographical
location, has not come into general use in the Republic of Armenia as a means of expressing
the designation of a particular type of good, unconnected with the place in which it is
produced, shall not be reco gnized as an appellation.
Legal Protection of an Appellation
31.—(1)  Legal protection for an appellati on in the Republic of Armenia shall be
granted on the basis of its registration in accordance with the procedure established by thisLaw, or in accordance with the international agreements to which the Republic of Armenia isparty.
(2)  The appellation shall be protected by law.
(3)  The appellation may be filed for registration by:
(a)  one or more legal persons or indi vidual manufacturers producing the good in
question in the locality indicated in the application;
(b)  organizations protecting users' rights;
(c)  other competent authorities involved in  the production of the good in question.
(4)  A legal person or individual manufacturer filing an appellation for registration shall
be entitled to use it, if the good he produces m eets the requirements of Article 30(1) of this
Law.
(5)  The right to use this appellation, registered in accordance with the established
procedure, may be granted to any legal pers on or individual manufacturer producing the good
in the same geographical locati on and with the same features.
(6)  Registration of the appellati on shall be valid indefinitely.IP/N/1/ARM/I/1
Page 17
(7)  A name, which designates the geogra phical location of actual production of a good
and gives the user a false impression as to how the good appears to have been produced inanother geographical location of the same name, shall not be s ubject to legal protection as an
appellation of origin.
(8)  In the case of geographical designa tions of the same na me which individualize
wines, each shall be subject to legal protecti on, if they contain appr opriate distinguishing
additions, and provided that the requirements of paragraph (5) of  this article and the rightful
interests of producers have been satisfied.
Chapter 8
Registration and Provi sion of the Right
to Use an Appellation
An Application for Registration and the Right to Use an Appellation
32.—(1)  An application for registration and/or the right to use an appellation
(hereinafter “an application”) shall be filed w ith the Office by legal persons and/or individual
manufacturers (hereinafter “an applicant”), indicated in Article 31(3) of this Law.
(2)  An application may be filed in a ccordance with the procedure established by
Article 6(2) of this Law, in accordance with  the requirements of paragraphs (3) to (5).
(3)  An application shall relate to a single appellation and shall contain:
(a)  a request for registration and/or provi sion of the right to use the appellation,
containing details of the applicant and his place of business or residence;
(b)  the claimed appellation;
(c)  an indication of the good for which regist ration and/or provision of the right to use
the appellation are requested, with an indication of the name of the place (geographicallocation) in which the good is produced;
(d)  documents clearly identifying the borders  of the geographical location, in relation
to which the appellation is applied;
(e)  a description of the particular features  (basic physical, chemical, microbiological
and/or organoleptic characteristics) of the g ood (where necessary—also of the raw material);
(f)  where necessary—a description of the local original method by which the good is
produced;
(g)  details of special labeling connected with the appellation.
(4)  The following shall be attached to the application:
(a)  for applicants from the Republic of Armenia—a certificate from the local
government authority stating that the applicant is in the geographical location in question andproduces the good, the special features of wh ich are defined by natural conditions and/or
human factors characteristic of the geographi cal location in question (for the applicants
indicated in Article 31(3) (a) of this Law);IP/N/1/ARM/I/1
Page 18
(b)  for foreign applicants—a document attesting to their right to use an appellation in
the country in which the good originates;
(c)  a receipt for payment of the prescribed fee for filing an application and conducting
an examination;
(d)  a document confirming the capacity of a pate nt attorney (power of attorney), if the
application is filed through such an attorney.
(5)  An application shall be filed in Ar menian.  The documents attached to the
application may be filed in a di fferent language.  In this case, applicants from the Republic of
Armenia shall be obliged to submit their translation into Armenian together with theapplication, and foreign applicants—within two months of the day on which the application is
filed.
(6)  The requirements for application documen ts shall be established by the Office.
Examination of an Application
33.—(1)  An application shall be examined, including a preliminary examination and
examination of the claime d appellation, by the Office.
(2)  An applicant may, from the day on which the application is filed with the Office
until a decision is taken on it, make amendments, clarifications and corrections to theapplication materials at his own initiative.
(3)  If the additional materials change substantively the appellation filed for
registration, these materials shall not be consid ered and may be established by the applicant
as a separate application.
(4)  During the examination, the Office ma y request from the applicant additional
materials, without which the examination ca nnot be conducted.  Th e additional materials
shall be filed within two months of the day on which the request is received.
(5)  At the applicant's request, the period in  question may be extended by not more than
six months, if the request to extend the period has been received prior to the expiry of the
aforementioned two-month period.  Where the requested materials ar e not submitted within
the prescribed period, the application shall be considered to have been withdrawn.
(6)  The preliminary examination of the a pplication shall be conducted within one
month of the day on which the application is filed with the Office.  Where the request is
dispatched in accordance with paragraph (4) of  this article, the period in question shall be
interrupted until such time as a response is received.
(7)  During the preliminary examination the content of the application shall be verified,
along with the presence of the requisite doc uments, and also their compliance with the
established requirements.  On the basis of the results of the preliminary examination, the
applicant shall be informed as to whether the application will be considered.
(8)  According to the application considered, an examination of the claimed appellation
shall be conducted, during whic h its compliance with the requi rements of Article 30 of this
Law shall be verified.IP/N/1/ARM/I/1
Page 19
(9)  Following the examination, the Office shall take a decision to register the
appellation and to provide the righ t to use it, or to refuse to register the appellation and not to
provide the right to use the previously registered appellation.
(10)  Where the applicant does not agree w ith an examination decision, he may, within
two months of the day on which he receives th e decision, file a request for a re-examination
to be carried out, and shall explain the relevant grounds.
(11)  The period in question may, at the applicant's request, be  extended by not more
than six months, if the request to extend the pe riod has been received prior to expiry of the
aforementioned two-month period.
(12)  At the applicant's request, an appli cation may be withdrawn at any stage of the
examination.
Appeal Against an Examiner's Decision
and Renewal of Deadlines Missed by the Applicant
34.—(1)  Where he does not agree with a preliminary or re-examination decision, an
applicant may, within three months of the day on which he receives the decision, submit an
appeal to the Appeals Board.  The Appeals Board shall examine the appeal in accordance
with the procedure approved by the Office.
(2)  Where he does not agree with a preliminary or re-examination decision, or a
decision reached by the Appeals Board, an applicant may settle the matter in the courts inaccordance with the established legal procedure.
The Office may renew the deadline provided fo r by Article 33(4) and (5) of this Law
and paragraph (1) of this artic le, and missed by the applicant, within three months of its
expiry, based on a request filed by the applicant and subject to payment of the prescribed fee.
Grounds for Refusing to Register an Appellation
35.  A name may not be registered as  an appellation of origin, which:
(a)  has been filed for registration by pe rsons lacking the requisite authorization;
(b)  does not meet the requirement s of Article 30 of this Law;
(c)  is identical or similar to the point of confusion to an appellation already registered
or filed for registration in the Republic of  Armenia, for goods of the same type;
(d)  is not compatible with the interests of society, principles of humanity and morality,
or the customs of fair competition (business practice);
(e)  is liable to infringe the rights of othe r third parties (copyrig ht, industrial property
right and so on);
(f) is not protected, the protection of which has been terminated, or whose use is not
permitted in the country of origin;
(g)  is misleading, in particular as regards the character, quality or geographical origin
of the good, even if the appellation is litera lly authentic according to the sense of theIP/N/1/ARM/I/1
Page 20
geographical location of origin of the good (in the case of identical a ppellations), but creates
a false impression for the user whereby th e good has been produced in a different
geographical location.  In the case of identical names, an appellation ma y be registered, if on
the mark of the good some kind of distinguishi ng feature is clearly and visibly displayed, so
as to preclude the user from being misled, for example by the name of the country or region
of origin.
Registration of an Appellation and Issue of a Certificate
 for the Right to use the Appellation
36.—(1)  The Office shall, on the basis of a decision to register an appellation and
within one month of receiving a receipt for payment of the prescribed fee, enter theappellation in the State Regist er of Appellations of Origin  of the Republic of Armenia
(hereinafter “the Register”).  The Register sh all contain the appellation, the particulars of the
holder of the certificate for the right to use the appellation (hereinafter “the certificate”), thedesignation of the good for which the appellation in question is registered, a description of its
particular features, other information according to a list drawn up by the Office relating to theregistration and provision of the right to use the appellation, and also subsequent changes to
the information.
(2)  The certificate shall be issued by the Office within one month of the day on which
the appellation is entered in the Register.
(3)  The form of the certificate and the c ontent of the information contained therein
shall be determined by the Office.
Period of Validity of a Certificate for the Right to use an Appellation
37.—(1)  A certificate shall be valid for a period of 10 years from the date on which the
application is filed with the Office.
(2)  The period of validity of a certificate may,  at the request of its holder, be extended
repeatedly, on each occasion for 10 years, if certificates from the appropriate competentauthorities are submitted together with the request, concerning the fact that the certificateholder is in the geographical location in questi on and that the good with the features indicated
in the certificate is produced.  A request to extend the period of validity of the certificate shallbe submitted during the final year of the current period of its validity.
(3)  The period of validity of a certificate ma y also be extended at the request of the
holder, submitted within six months of the expiry of the certificate's period of validity,
provided that an additional fee has been paid.
(4)  The Office shall enter details of the extension of the period of a certificate's validity
in the Register and, at the holde r's request, on the certificate.
Inclusion of Amendments in the Register
38.—(1)  A certificate holder shall inform th e Office of a change in his appellation or
family name, first name and patronymic, as well as of changes relating to the registration ofand right to use the appellation.IP/N/1/ARM/I/1
Page 21
(2)  Changes shall be entered in the Register and on a certificate at the request of the
certificate holder, provided that the prescribed fee has been paid.
Publication of Information on the Registration
and Provision of the Right to Use an Appellation
39.  The Office shall, within three months of the day of registration, publish in its
Official Journal, informati on concerning an appellation a nd entered in the Register in
accordance with Article 36 of this Law (excluding information relating to special features of
a good).
Registration of an Appellation Abroad
40.—(1)  Legal persons and i ndividual manufacturers in th e Republic of Armenia may
register an appellation abroad.
(2)  An application for registration of an ap pellation abroad shall be filed following the
registration and acquisition of the right to us e the appellation in the Republic of Armenia.
Chapter 9
Use of an Appellation
Use of an Appellation
41.—(1)  The use of an appella tion shall be considered to be its application on a good
and packaging, in advertising, pamphlets, invoices, forms and also other documentation
linked to the introduction of the good into the economy.
(2)  Any use of an appellation which, in accordance with Article 10 bis of the Paris
Convention, may be qualified as an act of  unfair competition, sh all not be permitted.
(3)  The use of any means which makes a re levant indication or which gives the user
the impression that the good in question has been produced in a different geographical
location, rather than the actual location in wh ich it was produced, sha ll not be permitted for
the purposes of designating or displaying goods.
(4)  The use of a registered appellation by  persons who do not possess an appropriate
certificate, even if the genuine place of origin of a good is indicated or an appellation is used
in translation or in combination with such ex pressions as “kind,” “t ype,” “imitation,” and the
like, shall not be permitted, just as the use of  an identical designation for any good which
may mislead the user as regards the place of or igin and special features of the good shall not
be allowed.
(5)  In the case of identical names, an appellation of origin may be used, if it is
combined with some clearly and visibly displa yed distinguishing feature, which precludes the
user from being misled as regards, for example, the name of the country or region of origin.
(6)  Any legal person or individual manufact urer may, in the process of commercial
activity, use:IP/N/1/ARM/I/1
Page 22
(a)  a registered appellation for goods introduc ed into the economy in any country by a
person in possession of a certificate for the use of the appellation, if in  the marketing process
the characteristics of these goods were not changed naturally or by way of interference;
(b)  his name and address or the name and address of the predecessor in title's right to
manufacture, where this does not mislead societ y as regards the geographical origin of the
good.
(7)  An appellation may, within three years of the day on which it is registered in the
Republic of Armenia, be used by the owner of a trademark identical or similar to the point ofconfusion with the appella tion, if it is registered no later than six months prior to the day on
which the appellation was registered.  During the period in question, any person may use, in
the process of commercial activity, a register ed appellation for goods introduced into the
economy in any country by the owner of the trad emark in question or with his consent, if in
the marketing process the charac teristics of these goods have not been changed naturally or
by way of interference.
(8)  The citizens of the Republic of Armeni a or natural and legal persons permanently
resident or residing in the country, and who have used in the Republic of Armenia
geographical designations from another count ry, which individualize wines or alcoholic
drinks and are connected with goods and services:
(a)  uninterruptedly for a minimum of 10 years, prior to April 15, 1994, or
(b)  in good faith before April 15, 1994
may use or continue to use in such a way in the Republic of Armenia the geographical
designations in question for goods and services of the same type.
(9)  Persons who lawfully or honestly us e geographical designations which, on the
territory of the Republic of Arme nia, have received legal protection, shall be granted the right
to continue to use the geographical designa tion in question, provided for viticultural purposes
including for wines containing  a geographical designation from another country, and prior to
the entry into force of the World Trade Organization (WTO) Agreement, where this coincideswith the habitual name of the sort of gr ape growing on the territory of the Republic of
Armenia.
(10)  The rights relating to a trademark, similar or identical to an appellation of origin,
shall continue to be preserved, if the latter is honestly filed for registration or is registered
(a)  prior to the date on which the provisi ons of the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRI PS Agreement) are applied in the Republic of
Armenia, or
(b)  prior to the acquisition of protection for this appellation in its  country of origin.
(11)  The requirements for legal persons, individual manufacturers, organizations and
competent authorities, contained in Article 31(3) of this Law and relating to the use orregistration of a trademark, shall be submitted within five years of the unlawful use of aprotected appellation becoming widely known in the Republic of Armenia, provided that the
name is honestly registered.
(12)  A certificate holder may not assign the right to use an appellation to other persons.IP/N/1/ARM/I/1
Page 23
Preventive Marking
42.  A certificate holder may place a preventive marking alongside an appellation so as
to authenticate the registration of a given appe llation in the Republic of Armenia, in the form
of the expression “Registered Appellati on of Origin” in full or abbreviated.
Chapter 10
Termination of Legal Prot ection of an Appellation
Recognition of Registration of an Appellation
and of the Certificate for the Right to Use the Appellation as Invalid
43.—(1)  The registration of an  appellation may be recognized as invalid, if it is made
in violation of the requireme nts established by this Law.
(2)  A certificate may be recognized as i nvalid, if it is issued in violation of the
requirements established by this Law.
(3)  Any person may submit to the Appeals Board or courts an appeal against the
registration of an appellation and the issue of a certificate for the right to use the appellationon the grounds stated in Articles 30, 31 and 35 of this Law.  The Appeals Board shallexamine the appeal in accordance with the procedure approved by the Office.
(4)  The decision of the Appeals Board may be challenged in the courts within six
months of the day on which it is received.
Recognition of the Lapse of Registration of an Appellation
and Validity of a Certificate for the Right to Use the Appellation
44.—(1)  The Office shall recognize the valid ity of the registration of an appellation as
having lapsed, if
(a)  the registration of the appellation is recognized as invalid in accordance with
Article 43 of this Law;
(b)  the conditions which are typical of the geographical location in question have
ceased to exist and the good can no longer be pr oduced with the features indicated in the
State Register.  The registration of an appe llation in the name of individual manufacturers
living outside the Republic of Ar menia and of foreign legal persons shall, apart from on the
grounds stated, be recognized as having lapsed also where the rights to use the appellation in
question in the country in which the good is produced have been lost by the personsconcerned.
(2)  The Office shall recognize a certificat e for an appellation as having lapsed, if
(a)  the certificate is recognized as invalid in accordance with Article 43 of this Law;
(b)  the good has lost the special fe atures indicated in the Register;
(c)  the validity of the registration of an a ppellation is recognized as having lapsed in
accordance with paragraph (1) of this article;IP/N/1/ARM/I/1
Page 24
(d)  the certificate holder has gone into liquidation;
(e)  the certificate holder has submitted a request to the Office for the certificate to be
withdrawn.
PART III
FINAL PROVISIONS
State Fees
45.  For the registration of a trademark or an appellation, as well as the filing of an
application to obtain a certificat e for the right to use an appellation, and the performance of
other related legal acts, fees sh all be levied, the ty pes, levels and procedures for payment of
which shall be prescribed by law.
Settlement of Disputes Relating to the Implementation of this Law
46.  Disputes relating to the implementation of this Law shall be settled by the courts,
including those concerning the
(a)  infringement of the exclusive right to a trademark;
(b)  conclusion and execution of a licensing agreement and also a trademark assignment
agreement;
(c)  unlawful use of an appellation.
Liability for the Unlawful Use of a Trademark and an Appellation
47.—(1)  The use of a trademark or a designation similar thereto to the point of
confusion, and also the use of an appellation or designation similar thereto to the point of
confusion, which does not comply with the re quirements of Articles 4 and 41 of this Law,
shall incur liability in accordance with the pro cedure established by the legislation of the
Republic of Armenia.
(2)  In the case of unlawful use of a trademark, the civil rights concerned shall, apart
from the requirement to terminate the unlawful use and to compensate for the losses incurred,shall be protected by means of:
(a)  the infringing party publishing the court decision in order to re-establish the
reputation of the injured party;
(b)  removing from the good or its packaging the unlawfully used trademark, or the
designation similar thereto to the point of conf usion, by means excluding the risk of it being
placed again on the good or its packaging;
(c)  destroying the images of the trademark or designation similar thereto to the point of
confusion;
(d)  where the methods provided for by subparagraphs (b) and (c) cannot be used,
removing or also destroying, without any form  of compensation, the good and/or packaging,IP/N/1/ARM/I/1
Page 25
unlawfully labeled with the trademark, excludi ng as a consequence the likelihood of causing
some kind of harm to the trademark owner.
(3)  At the request of the holder of a certif icate for the right to use an appellation of
origin, or of a public organization, a person unlawfully using the registered appellation or
designation similar thereto to the point of confusion shall:
(a)  terminate the use thereof and provide compensation for all the losses caused, and
also contribute to the local budget the su m of the profit received in excess of the
compensation for the losses, and resulting from the unlawful use of the appellation;
(b)  publish the court decision in order to re-e stablish the reputation of the injured party;
(c)  remove from the good, its packaging, form and other documentation the unlawfully
used appellation or designation (means of expression) similar thereto to the point of
confusion, so as to exclude the risk of it being placed again on the good or its packaging;
(d)  destroy the manufactured images of the appellation;
(e)  where the requirements of subparagraphs (c) and (d) of this paragraph cannot be
satisfied, the good and/or packaging unlawfully labeled with the appella tion shall be removed
or destroyed without any form of compensation.
(4)  In the case of unlawful use of a tradem ark or appellation of origin, the civil rights
concerned shall be protected, for the purposes of  reducing the further threat of infringements,
by removing the material objects (materials, equipment, means of a dvertising and so on),
serving as the basis of the infringement, if the majority of the objects concerned were used
for the purposes indicated.
(5)  Any person, whose rights in relation to a trademark or appellation of origin are
infringed or may be infringed, may request the courts to de mand from the owner of the
unlawfully used trademark or good, or the hol der of the appellation, information on third
parties involved in the producti on and dissemination of such goods, as well as on how the
goods were obtained and disseminated.
(6)  In accordance with the procedure esta blished by the legislation of the Republic of
Armenia, liability shall be borne by:
(a)  the person owning the unlawfully used trademark or good—the holder of the
appellation who refuses to provide informa tion as to how such goods were obtained;
(b)  any person who makes a false statement as to the true rights owner of a trademark
or appellation, or unlawfully re moves from the good (or its packaging), the trademark or
appellation, or by means of deception presents h imself as the rights owner of the trademark or
appellation;
(c)  a person using the preventive marking together with a trademark or appellation of
origin not registered in the Republic of Armeni a, if this marking does not reflect some kind of
reference to the existence of registration in a nother country, or this trademark or appellation
relating to the goods in question is not actually registered in the said country.IP/N/1/ARM/I/1
Page 26
The Rights of Foreign Individual  Manufacturers and Legal Persons
48.—(1)  Foreign individual ma nufacturers and legal persons shall enjoy the rights
provided for by this Law and shall be equall y liable with individual manufacturers and legal
persons in the Republic of Armenia, in accordance with the international agreements to whichthe Republic of Armenia is a party or on th e basis of the principle of reciprocity.
(2)  The right to register and use an ap pellation in the Republic of Armenia shall be
granted to individual manufacturers and legal persons of States granting a similar right to
individual manufacturers and legal pe rsons in the Republic of Armenia.
International Agreements
49.  If the international agreements to which the Republic of Armenia is a party make
alternative provisions to those specified by th is Law, the provisions of the international
agreements shall be applied.
Transitional Provisions
50.—(1)  The validity of registration of the trademarks registered prior to the entry into
force of this Law, and also the registration of the appellations of origin  and certificates for the
right to use those marks, shall continue to be valid.
(2)  Applications for the registration and/ or use of trademarks and appellations of
origin, filed with the Office prior to the entry into force of this Law, and consideration of
which is incomplete, shall be examined in accordance with the requirements of this Law.
(3) The Law of the Republic of Armenia on Trademarks, Service Marks and
Appellations of Origin, adopted on May 12, 1997, is hereby repealed.
_________________________
*Russian title:  ЗАКОН  РЕСПУБЛИКИ  АРМЕНИЯ  О ТОВАРНЫХ  ЗНАКАХ  И ЗΗАКАХ
ОБСЛУЖИВАНИЯ , НАИМЕНОВАНИЯХ  МЕСТ  ПРОИСХОЖДЕНИЯ  ТОВАРОВ .
Entry into force:  April 15, 2000.
Source:  Communication from the Armenian authorities.
Note:  Translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
__________