IP/N/1/TJK/T/1  
 
27 February 2014  
(14-1199)  Page: 1/12  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF TAJIKISTAN  
The present document reproduces the text1 of the Law on Trademarks and Service Marks2, as 
notified by the Republic of Tajikistan on 18 February 2014 under Article 63.2 of the Agreement 
(see document IP/N/1/TJK/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
R
ÉPUBLIQUE DU TADJIKISTAN  
Le présent document contient le texte1 de la Loi sur les marques de fabrique ou de commerce et 
les marques de service2, notifiée par la République du Tadjikistan le 18 février 2014 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/TJK/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 
REPÚBLICA DE TAYIKISTÁN  
En el presente documento se reproduce el texto1 de la Ley de marcas de fábrica o de comercio y 
marcas de servicio, notificado por la República de Tayikistán el 18 de febrero de 2014 en virtud de 
lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TJK/1). 
                                               
1 In English only./En anglais seulement./En inglés solamente.   
2 The texts in red and green are amendments made in the process of Tajikistan's accession to the 
WTO./Les passages en rouge et en  vert correspondent aux modifications faites au cours du processus 
d'accession du Tadjikis tan à l'OMC./Los pasajes en rojo y verde co rresponden a las modificaciones introducidas 
durante el proceso de adhesión  de Tayikistán a la OMC. IP/N/1/TJK/T/1 
 
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LAW 
OF THE REPUBLIC OF TAJIKISTAN ON TRADEMARKS AND SERVICE MARKS 
 
This Law shall govern relations arising in connection with the legal protection and use of 
trademarks and service marks. 
 
CHAPTER 1. 
GENERAL PROVISIONS 
 
Article 1. Basic terms 
The basic terms used in this Law are as follows: 
- Paris Convention - The Paris Convention for the Protection of Industrial Property of 
March 20, 1883 with subsequent amendments; 
- International Classification of Goods and Serv ices (hereinafter "Nice Classification") shall 
mean the classification established by the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes  of the Registration of Marks, signed at Nice 
on June 15, 1957, as revised and amended. 
- application for trademark registration shall mean a set of documents filed by the applicant 
or a person empowered to act for the applicant and containing a request for the grant of a title of 
protection. 
- priority of a trademark shall mean the fact that the right in a trademark arose  in the first 
place. 
- patent attorney shall mean a national of the Re public of Tajikistan who, in accordance with 
the legislation of the Republic of Tajikistan, is granted the right to represent natural persons and 
legal entities before the competent authority. 
- trademark and service mark (hereinafter "tra demark") shall be designations capable of 
individualizing goods, jobs being performed or serv ices (hereinafter "goods") of natural persons or 
legal entities. 
 Article 2. Legislation of the Republic of  Tajikistan on Trademarks and Service 
Marks 
The legislation of the Republic of Tajikistan on trademarks and service marks shall be based 
on the Constitution of the Republic of Tajikistan and shall consist of the Civil Code of the Republic 
of Tajikistan, this Law and other legislative acts of the Republic of Tajikistan, as well as 
international legal acts recognized by the Republic of Tajikistan. 
 
Article 3. Authorized State body 
Implementation of the state policy and function s in the field of the legal protection of 
trademarks stipulated by this Law shall be entr usted to the Authorized State Body (hereinafter 
"Patent Office") which is authorized by the Government of the Republic of Tajikistan. 
In cases stipulated by this Law, the Patent Office, in accordance with its competence, shall 
issue regulatory legal acts on the application of this Law. 
An Appeal Board shall be set up, attached to the Patent Office, and shall consider the issues 
attributed to its competence by this Law. The A ppeal Board shall carry out its authorized functions 
on the basis of the legislation of the Republic of  Tajikistan, the "Appeal Board Statute" approved 
by the organ of the Patent Office. 
 
CHAPTER 2. 
LEGAL PROTECTION OF TRADEMARK 
 
Article 4. Legal protec tion of a trademark 
Legal protection of a trademark in the Republic of Tajikistan shall be accorded either on the 
basis of its state registration (hereinafter "regis tration") pursuant to the procedure established by 
this Law or by virtue of the international legal acts recognized by Tajikistan. 
The right in a trademark shall be protected by law.  
Article 5. A trademark certificate 
A certificate shall be granted for a registered trademark. A certificate shall attest the priority of the tr ademark, the exclusive right in the trademark in 
respect of the goods listed in the certificate. 
 IP/N/1/TJK/T/1 
 
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  Article 6. Exclusive right in a trademark 
The right holder shall have the right to use th e trademark and to forbid use of the trademark 
by other persons. 
No natural person or legal entity may use a trademark protected in the Republic of Tajikistan 
without the authorization of the right holder. 
Any unauthorized commercial use of a trademark (or a confusingly similar designation) in 
the territory of the Republic of Tajikistan in respect of the goods for individualization of which the 
trademark has been registered (or of similar goods) , shall be recognized as an infringement of the 
rights of the right holder (illegal use of a trademark). A trademark or a confusingly similar designation shall be considered to have been used, in particular: 
- on the goods, labels, packages of these g oods, which are manufactured, offered for sale, 
sold, displayed at exhibitions and fairs or used commercially in the territory of the Republic of 
Tajikistan, or stored and (or) transported with this purpose, or imported into the territory of the Republic of Tajikistan; 
- on performing jobs, providing services; 
- on documents related to commercial introduction of the goods; - in offering goods for sale; 
- on the Internet, particularly in domain names and in other forms of addressing. 
The goods, labels, packages of these goods on  which the trademark or a confusingly similar 
sign are used shall be regarded as counterfeits. 
 
CHAPTER 3. 
PROTECTABILITY OF A TRADEMARK 
 
Article 7. Types of trademarks 
Verbal, figurative, three-dimensional and other designations or their combinations may be 
registered as trademarks. 
A trademark may be registered in any colour or combination of colours. 
 Article 8. Absolute grounds fo r denial of registration 
No registration shall be allowed for trademarks consisting only of designations that are 
devoid of distinctive ability or consist only of the elements: 
- that have come into common use as designations of goods of a certain type; - that are generally accepted symbols and terms; 
- that characterize goods including pointing to the kind, quality, quantity, property, intended 
purpose, value, as well as the time and place of their manufacture or sale; 
- that represent the shape of goods which is de termined exclusively or predominantly by the 
property or designated purpose of such goods. 
The elements indicated in Paragraphs 1-4 of Part  1 of this Article may be incorporated in the 
trademark as non-protected elements, provided they do not hold a dominant position therein. 
The provisions of Parts 1 and 2 of this Articl e shall not apply to designations which have 
acquired a distinctive character as a result of their use. 
By virtue of the international legal acts recognized by the Republic of Tajikistan, registration 
as trademarks shall not be allowed for designations , that consist only of the elements representing 
official names of states, State armorial bearings, flags and other State emblems, abbreviated or 
full names of international intergovernmental organizations, their armorial bearings, flags and other emblems, official signs an d hall-marks of control and warranty, seals, awards and other 
marks of distinction or designations confusingly similar to the above. Such elements may be 
incorporated in a trademark as non-protected elements, subject to the consent of a relevant competent authority. 
No registration as trademarks shall be allowed for the designations or their elements: 
- that are deceitful or capable of misleading the consumer as to the good or its 
manufacturer; 
- that are contrary to public interests, principles of humanity and morals.  
By virtue of the international legal acts recognized by the Republic of Tajikistan, no 
registration as trademarks in the territory of the Republic of Tajikistan shall be allowed for the designations that represent or incorporate the elements that are protected in one of the States-
parties to that international legal act in the capacity of the designations, identifying wines or 
alcoholic beverages as originating from its territory (produced within the geographic boundaries of that State), and possessing individual quality, reputation or other properties that are mainly 
determined by their origin, if the trademark shall be used for identifying wines or alcoholic 
beverages not originating from the territory of the given geographic object. IP/N/1/TJK/T/1 
 
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Article 9. Other grounds for denial of registration The following designations shall not be registered  as trademarks if they are identical with or 
confusingly similar to: 
- trademarks of other persons, applied for registration (provided applications for them have 
not been withdrawn) or protected in the Republic of  Tajikistan by virtue of an international treaty 
recognized by the Republic of Tajikistan, in resp ect of similar goods and with an earlier priority; 
- trademarks of other persons, recognized, in accordance with the procedure prescribed by 
this Law, as well-known in the Republic of Tajikistan in respect of similar goods. 
The registration of a designation as a tradem ark in respect of similar goods, confusingly 
similar to a trademark, specified in Paragraph 1 or 2 of this Part shall be allowed only with the 
consent of the right holder. 
Designations, identical with or confusingly similar to the appellations of origin of goods, 
protected in the territory of the Republic of Taji kistan, shall not be registered as trademarks in 
respect of any goods, except for cases where these designations are incorporated as non-protected 
elements into trademarks, registered in the name of persons eligible to use such appellations. 
The following designations shall not be registered as trademarks if they are identical with: 
- a trade name (or its part) protected in the Republic of Tajikistan in respect of similar 
goods, an industrial design, the rights in which ar ose to other persons in the Republic of Tajikistan, 
prior to the priority date of the trademark being registered; 
- a title of a work of science, literature or art, known in the Republic of Tajikistan at the date 
of filing of the application, characters or quot ations therefrom, a work of art or its fragment 
without the consent of a copyright owner or his successor in title, provided the rights in those works had arisen prior to the priority date of the trademark being registered; 
- a family name, a given name, a pseudonym or their derivatives, a portrait and facsimile of 
the person known at the filing date of the applic ation, without the consent of that person or his 
successor. 
 
CHAPTER 4. 
PRIORITY OF A TRADEMARK 
 
Article 10. Priority of a trademark 
Priority of a trademark shall be established by the date of filing the application with the 
Patent Office. 
Priority of a trademark may be established by the filing date of the first application in a 
foreign country party to the Paris Convention (convention priority), provided the  application was filed with the Patent Office within  six months from the said date. 
Priority of a trademark placed on exhibits at official or officially recognized international 
exhibitions organized in the territory of one of the countries-members of the Paris Convention may 
be established by the date of commencement of the public showing of the ex hibit at the exhibition 
(exhibition priority), if the application was filed with the Patent Office within six months from the 
said date. 
An applicant wishing to exercise the right of conv ention or exhibition priority shall be obliged 
to state so while filing the application for a trademark or within two months following receipt of the 
application by the Patent Office, and attach the necessary documents confirming the lawfulness of 
such claim and (or) furnish these documents within three months from the date of receipt of the application by the Patent Office. 
Priority of a trademark filed by an applicant in compliance with Part 9 of Article 12 of this 
Law (hereinafter "divisional application") on the basis of another application of that applicant for the same designation (hereinafter "original application") shall be established by the date of filing of the original application with the Patent Office, where the right to establish an earlier priority by the 
original application exists, - by the priority date, prov ided that as of the date of filing the divisional 
application, the original application is not withdrawn nor deemed to be withdrawn, and that the divisional application is filed prior to a decision being made with respect to the original application. 
Where different applicants filed applications for identical trademarks with the same priority 
date in respect of fully or partially coinciding li sts of goods, registration of the trademark with 
respect to the goods for which the above-mentioned lists coincide, may be effected in the name of 
one of them on the basis of the agre ement reached between the applicants. 
Where identical trademarks with the same priority date, in respect of fully or partially 
coinciding lists of goods, have been applied for registration by one and the same applicant, then 
the registration of the trademark in respect of  such goods may be effected under one of the 
applications selected by the applicant. IP/N/1/TJK/T/1 
 
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  Within six months of the date of receipt of the corresponding notification, the applicants 
(applicant) shall inform of the agreement reached by them (his choice) in respect of which particular application the registration of the trademark is sought. 
If, within the prescribed time period, no such information is communicated to the Patent 
Office and no request is submitted for the extensio n of the prescribed time period, the applications 
shall be deemed withdrawn. 
Priority of a trademark may be established by the date of its international registration in 
accordance with the international legal acts recognized by Tajikistan. 
 
CHAPTER 5. 
REGISTRATION OF A TRADEMARK 
 
Article 11. Application for trademark registration An application for registration of a trademark (hereinafter "application") shall be filed with 
the Patent Office by a legal entity or a natural person (hereinafter "applicant"). 
Dealings with the Patent Office may be conducted by an applicant, a right holder or any 
other person concerned either independently or through a patent attorney registered with the 
Patent Office. 
Natural persons permanently residing outside the Republic of Tajikistan, or foreign legal 
entities or their representatives shall deal with the Patent Office through patent attorneys authorized by a power of attorney and who obta ined the right to perform as patent attorneys 
according to the legislation of the Republic of Tajikistan. 
An application shall pertain to a single trademark. An application shall contain: 
- a request for registration of a designation as a trademark with an indication of the 
applicant, as well as of his location or place of residence; 
- the claimed designation; 
- a list of goods in respect of which the regist ration of the trademark is requested, grouped 
by classes of the Nice Classification; 
- a description of the claimed designation. An application shall be filed in the official language or in Russian. 
The application shall be signed by the applicant or, where such application is filed through a 
patent attorney, by the applicant or the patent attorney. 
The following must be attached to the application: 
- a document confirming payment of the oblig atory charge for filing in the prescribed 
amount; 
- a Charter of a collective mark if the application is filed in respect of a collective mark; 
- a document confirming the rights and competence of a patent attorney if the application is 
filed through a patent attorney. 
The documents attached to an application shall be filed in the official or another language. 
Where such documents are filed in another language, their translation into the official language 
shall be enclosed. The translation into the official  language may be submitted by the applicant not 
later than two months after the date of notification by the Patent Office of the need to comply with 
this requirement. 
The date of filing of an application with the Pa tent Office shall be the date of receipt of the 
documents provided by Paragraphs 1-3, Part 5 of this Article, or, where the said documents were 
not filed simultaneously, by the date of receipt of the last of the documents submitted. 
After the application was filed with the Patent Office, any person shall be entitled to inspect 
the documents of the application originally attach ed thereto at the filing date. The procedure for 
inspecting the materials of the application shall be laid down by the Patent Office. 
The requirements for the documents of the app lication shall be determined by the Patent 
Office. 
 Article 12. Examination of the application for a trademark 
The examination of an application shall be cond ucted by the Patent Office and shall comprise 
a formal examination and an examination of the claimed designation. 
During the examination of an application while a decision in respect thereof is pending, the 
applicant shall be entitled to supplement, update or amend the material of the application. 
If the supplementary materials include a list of the goods not indicated in the application as 
of the date of its filing or substantially alter th e claimed designation, such materials shall not be 
accepted for consideration and may be submitted by the applicant as a separate application. IP/N/1/TJK/T/1 
 
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  A change of the applicant at the conceding the right to the application or as a result of 
changing the name of the applicant, as well as the correction of obvious or technical errors in the documents of the application shall be made prior to the registration date of a trademark. 
During the examination the Patent Office shall be entitled to request from the applicant 
supplementary materials the absence of whic h would make the examination impossible. 
The supplementary materials which include a list of goods not indicated in the application as 
of the date of its filing or substantially alter the claimed designation shall follow the procedure laid 
down by Part 3 of this Article. 
The supplementary materials, requested by th e examiners, shall be submitted within two 
months from the date of receipt of such reques t by the applicant or copies of the materials 
referred to in the request of examination, prov ided that these copies were requested by an 
applicant within one month after receiving the request of examination. If, within such time period, 
the applicant fails to submit the requested materials or a request for the extension of the said time period, the application shall be deemed withdrawn.  At the request of the applicant, the Patent 
Office may extend this period by not more than  six months. Provided that the reason given for 
having missed such time periods is confirmed to be valid, the Patent Office can extend it by more than six months. 
An application may be withdrawn at the request of the applicant at any stage of 
examination, but not later than the date of registration of the trademark.  
During a formal examination of the application and before a decision is taken, the applicant 
shall have the right to file a divisional application, which incorporates the list of goods, indicated  
in the original application as of the date of its filing with the Patent Office, and dissimilar to the 
goods the list of which remains in the original application. 
 
Article 13. Formal Examination 
A formal examination of an application shall be carried out within one month from the date 
of its filing with the Patent Office. 
In the course of the formal examination, the presence of the necessary documents and their 
conformity with the established requirements sh all be checked. Based on the results of the 
examination, a decision shall be made either to accept it for further examination or to deny its acceptance, of which the applicant shall be informed. 
Simultaneously with notification of the positive outcome of the formal examination, the 
applicant shall be informed of the filing date esta blished pursuant to Part 10 of Article 11 of this 
Law. 
 
Article 14. Examination of the claimed designation The examination of the claimed designation shall be conducted upon completion of the 
formal examination. 
In the course of examination, the claimed designation shall be checked for its compliance 
with the requirements set out in Article 8 and in Parts 1 and 3 of Article 9 of this Law, and the 
priority of the trademark shall be established. 
Based on the results of the examination, a deci sion shall be made either to register the 
trademark or to deny its registration. 
Copies of materials opposed to the claimed designation may be requested within one month 
of the date of receipt of the decision on the application. 
The decision to register a trademark may be re-considered by the Patent Office in 
connection with the receipt of an application which enjoys an earlier priority in accordance with 
Article 10 of this Law. 
In the event of disagreement of the applicant wi th the examiner's decision, he shall have the 
right, within two months of the date of receipt of the decision, to file with the Patent Office a request for re-examination. 
Re-examination shall be conducted within two months of the date of receipt of the 
applicant's request. 
 
Article 15. Appeal against the decision on  the application and restoration of the 
missed time periods 
The applicant shall be entitled to lodge, within three months from the date of receipt of an 
appropriate decision, an appeal with the Appeal Board or request copies of the materials opposed 
to the application from the Patent Office, provided they shall be requested by an applicant within a month from the date of his receipt of a corresponding decision. 
- the decision, taken on the results of the formal  examination of the application, to refuse to 
accept it for consideration; IP/N/1/TJK/T/1 
 
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  - the decision passed on the results of examination of the claimed designation; 
- the decision to recognize the application as having been withdrawn. The time periods laid down in Part 7 of Articl e 12 of this Law and Part 1 of this Article and 
missed by the applicant may be restored by the Pa tent Office at the request of the applicant, 
which shall be filed not later than two months after the date of their expiry, provided that the 
reasons are confirmed to be valid and that the appropriate obligatory charge is paid. 
Such request shall be submitted to the Patent Office simultaneously with the supplementary 
materials, requested by the examiners, or wi th a request for extending the time for their 
submission, or, simultaneously with filing an appeal with the Appeal Board. 
 Article 16. Registration of a trademark 
On the basis of the decision to register the trademark the Patent Office shall, within one 
month after the date of receipt of a document about the payment of an established obligatory 
charge, enter the trademark in the State Register of Trademarks of the Republic of Tajikistan 
((hereinafter "Register"). Such entry in the Register shall include the trademark, information about 
its right holder, the priority date of the trademark, the date of its registration, the list of goods in 
respect of which the trademark is registered, other information relating to the registration of the 
trademark, as well as any subsequent changes in such information. 
In the event of failure to submit, in accord ance with established procedure, a document 
confirming the payment of an ob ligatory charge for the registration of a trademark and the 
issuance of a certificate in respect thereof, the trademark shall not be registered, and the 
corresponding application shall be deemed to have been withdrawn. 
 
Article 17. Issuance of a trademark certificate 
A trademark certificate shall be issued by the Patent Office within one month from the date 
of the registration of the trademark in the Register. 
The form of the certificate and its contents shall be determined by the Patent Office. 
 Article 18. Duration Of Registration 
The registration of a trademark shall remain valid for ten years as from the date of filing of 
the application with the Patent Office. 
The term of validity of a trademark registration  may be extended at the request of the right 
holder to be filed during the last year of such va lidity term, each time fo r a period of ten years. 
Upon the request of the right holder for extension of the period of validity of the registration 
of the trademark he may be granted a grace pe riod of six months after expiration of the 
registration, provided that an additional obligatory charge has been paid. 
A record to the effect that the term of validity of the trademark registration has been 
extended shall be entered in the Register and in the certificate of a trademark registration. 
 
Article 19. Recordal of changes in the registration 
The right holder shall notify the Patent Office of any changes in the legal name, in his first or 
last name or patronymic, any reduction of the list of the goods, in respect of which the trademark has been registered, any alteration of individual  elements of the trademark, not affecting its 
substance, and of other changes concerning the registration of the trademark. 
In the event that the grant of legal protection  for a trademark is contested on such grounds 
and under such procedure as are determined by Arti cle 33 of this Law, from the registration of the 
trademark valid for several goods, a separate registration of such trademark for the goods or part 
of the goods, which are not similar to the goods the list of which remains in the primary registration, can be singled out at the request of the right holder. This request may be submitted 
by the right holder before the action is taken on the results of dispute settlement on the 
registration of the trademark. 
The changes relating to the trademark registrati on shall be entered in the Register and in 
the trademark certificate, subject to paym ent of an appropriate obligatory charge. 
The Patent Office may enter changes in the Register and in the trademark certificate to 
remedy obvious and technical errors. 
 
Article 20. Publication of inform ation concerning registration  
Information pertaining to the registration of a trademark and entered in the Register under 
the provisions of Article 16 of this Law shall be published by the Patent Office in the Official 
Gazette immediately after the registration of the tr ademark in the Register or after the changes in 
the registration of the trademark have been entered in the Register. 
 IP/N/1/TJK/T/1 
 
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  Article 21. Registration of a trademark in foreign countries 
Natural persons and legal entities of the Republic of Tajikistan shall have the right to register 
a trademark in foreign countries or to obtain its international registration. 
The application for international registration of a trademark shall be filed through the Patent 
Office. 
 Article 22. Conditions for re-registration 
A trademark, a sign identical to it or a sign confusingly similar to it, the duration of the 
registration of which has expired and a reques t for renewal of which has not been submitted 
according to part 2 of Article 18 of this Law shall not be re-registered for a period of three years from the date of termination of the registration of the trademark, in the name of a person other 
than the former right holder of the trademark or his legal successor. 
This rule shall also apply in the case where the owner of a trademark has abandoned the 
trademark before the expiration of the registration. 
 
CHAPTER 6. 
WELL-KNOWN TRADEMARK AND ITS LEGAL PROTECTION 
 
Article 23. Well-known trademark At the request of a natural person or a legal en tity, a trademark, protected in the territory of 
the Republic of Tajikistan on the basis of its regi stration; a trademark, protected in the territory of 
the Republic of Tajikistan without registration by vi rtue of an international treaty of the Republic of 
Tajikistan, and also a designation, used as a trademark but having no legal protection in the t e r r i t o r y  o f  t h e  R e p u b l i c  o f  T a j i k i s t a n  m a y  b e  r e c o g n i z e d  t o  b e  w e l l - k n o w n  t r a d e m a r k s  i n  t h e  
Republic of Tajikistan if such trademarks or desi gnation, as a result of their intensive use at the 
date, indicated in the application, became widely known in the Republic of Tajikistan among corresponding consumers in respect of the goods of that person. 
A trademark or a designation may not be recognized as a well-known trademark if they 
became widely known after the date of priority of an identical or confusingly similar trademark of another person, intended to be us ed in respect of similar goods. 
A well-known trademark shall be accorded le gal protection provided for by this Law. 
In recognizing the trademark already registered as a well-known trademark, legal protection 
of such a trademark shall also extend to the goods non-similar to those in respect of which the trademark is recognized as well-known, provided the use of that trademark by another person in 
respect of the above-mentioned goods will be asso ciated by consumers with the right holder and 
may harm his legitimate interests. 
 
Article 24. Grant of legal protec tion to a well-known trademark 
The legal protection to a well-known trademark shall be granted pursuant to a decision of 
the Appeal Board, taken following a request submi tted in conformity with Subparagraph 1 of Part 1 
of Article 23 of this Law. 
A trademark, recognized to be well-known, shall be entered by the Patent Office in the List 
of well-known trademarks in the Republic of Tajikistan (hereinafter "List") within one month after receipt of the document confirming payment of a prescribed obligatory charge and procedural 
payment. 
A certificate for a well-known trademark shall be issued by the Patent Office within one 
month after the date of entering the trademark in the List. The form of a certificate and the 
content thereof shall be determined by the Patent Office. 
Information related to a well-known trademark shall be published by the Patent Office in the 
Official Gazette immediately after its recording in the List. 
Legal protection of a well-known trademark shall have unlimited duration. 
 
CHAPTER 7. 
COLLECTIVE TRADEMARK 
 
Article 25. Right in a collective trademark In conformity with an international treaty recognized by the Republic of Tajikistan an 
association of persons, the establishment and business activities of which are not contrary to the 
legislation of the country where it has been established, shall have the right to register a collective trademark in the Republic of Tajikistan, which shall be a trademark of a business association, 
intended to designate the goods manufactured and (or) marketed by the persons, being members 
of this association, and possessing uniform qualitative or other common characteristics. IP/N/1/TJK/T/1 
 
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  A collective trademark and the right to use it may not be transferred to other persons. 
 Article 26. Registration of a collective trademark An application for a collective trademark registration shall be accompanied by the Charter of 
the collective trademark, which shall contain the name of the association authorized to register the 
collective trademark in its own name, a list of pers ons entitled to use the mark, the objective of its 
registration, a list of the goods to be designated by the collective trademark with a description of 
their uniform qualitative or other common characteri stics, conditions of its use, the procedure for 
control over its use, and liability for breach ing the Charter of the collective trademark. 
In the Register and in the certificate for a collective trademark in addition to information 
provided for in Article 16 of this Law the information about persons entitled to use the collective 
trademark shall be entered. Such information and an excerpt from the Charter of the collective 
trademark about uniform qualitative and other common characteristics of the goods in respect of which the collective trademark has been registered shall be published by the Patent Office in the 
Official Gazette. 
In the event that a collective trademark is used on the goods not possessing uniform 
qualitative or other common characteristics, its legal protection may be terminated in full or in part 
pursuant to a court judgment passed upon the request of any interested person. 
A collective trademark and an application for its registration may be converted, accordingly, 
into a trademark and an application for the registration of a trademark and vice versa. The procedure for such conversion shall be laid down by the Patent Office. 
 
CHAPTER 8. 
USE OF A TRADEMARK 
 
Article 27. Use of a trademark an d consequences of its non-use 
Use of a trademark shall be understood to mean its use on the goods in respect of which it 
has been registered and (or) on packaging thereof by the right holder or a person to whom such 
right has been conferred under a contract in accordance with Article 31 of this Law. 
Use of a trademark in advertising, printed publications, on letterheads, on signboards, 
during demonstration of exhibits displayed at exhibitions and fairs held in the Republic of 
Tajikistan, may be recognized as its use, provided valid reasons exist for non-use of the trademark 
on the goods and (or) packaging thereof. 
Natural persons and legal entities engaged in business as intermediaries may, on the basis 
of an agreement, use their own trademark alongsid e with that of the manufacturer of the goods, 
or instead of the trademark of the latter. 
Legal protection of a trademark may be invalidated prematurely in respect of all or part of 
the goods in connection with non-use of the trademark for any continuous period of three years 
after its registration. A petition for premature invalidation in connection with non-use of the trademark may be submitted to the Appeal Boar d on the expiry of the above-mentioned three 
years provided that the trademark had not been used before such a petition was submitted. 
Proof of use of a trademark shall be adduced by the right holder. 
The use of a trademark with changes in some of its elements that do not alter its substance 
shall be recognized as the use of a trademark. 
Whenever a decision is to be take on a prem ature invalidation of legal protection of a 
trademark in connection with its non-use, a proof ad duced by the right holder to the effect that the 
trademark has not been used for reasons beyond the right holder's control shall be taken into 
consideration. 
 Article 28. Exhaustion of rights based on trademark registration Registration of a trademark shall not entitle its right holder to prohibit other persons from 
using such trademark in respect of the goods, which have been commercially introduced in the 
territory of the Republic of Tajikistan either direct ly by the right holder or with the consent thereof. 
 
Article 29. Precautionary marking 
The right holder of a trademark may affix, next  to the trademark, a marking in the form of 
the Latin letter "R" or a circled letter "R" (®) or a verbal designation indicating that the applied 
designation is a trademark registered in the Republic of Tajikistan. 
 IP/N/1/TJK/T/1 
 
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  CHAPTER 9. 
TRANSFER OF AN EXCLUSIVE RIGHT IN A TRADEMARK 
 
Article 30. Transfer of an exclusive right in a trademark (assignment of a 
trademark) 
An exclusive right in a trademark in respect of all or part of the goods in respect of which it 
has been registered may be assigned by the right holder to a natural person or a legal entity under 
a contract of transfer of an exclusive right in a trademark (contract of assignment of a trademark).  
Assignment of a trademark shall not be allowed if it may be the reason for misleading the 
consumer with respect to goods or its manufacturer. 
 
Article 31. Grant of the right for use of a trademark 
The right for use of a trademark, in respect of al l or part of the goods in respect of which it 
has been registered, may be granted by the right holder (the licenser) to another legal entity or a 
natural person (the licensee) under a license contract. 
The above-mentioned license contract must contain a clause that the quality of the goods of 
the licensee will not be inferior to those of the li censer, and that the licenser shall exercise control 
over the observation of this clause. 
 Article 32. Registration of contracts A contract of the transfer of an exclusive right in a trademark (contract on assignment of a 
trademark) or a contract on grant of the right to use a trademark shall be registered with the 
Patent Office. Without such registration the said contracts shall be deemed invalid. 
The procedure for registration of the above-mentioned contracts shall be laid down by the 
Patent Office. 
 
CHAPTER 10. 
TERMINATION OF LEGAL PROTECTION OF A TRADEMARK 
 
Article 33. Contestation and recognition of the grant of legal protection to a 
trademark as invalid 
Grant of legal protection to a trademark in the following cases and time periods may be 
contested and invalidated: 
-  in full or in part at any time during its term of validity, if effected in breach of the 
requirements set out in Article 8 and Part 4 of Article 9 of this Law or within five years after the 
publication of information in the Official Gazette, if effected in breach of the requirements set out in Paragraph 1 and 3 of Article 9 of this Law; 
- in full at any time during its term of validity, if effected in the name of an agent or 
representative of the person which is the right hold er of an exclusive right in this trademark in one 
of the countries - members of the Paris Convention, in breach of the requirements set out in that 
Convention; 
- in full or in part at any time during its term of validity, if actions undertaken by the right 
holder in registering the trademark have been recognized, in the order set by the law, to be an act of unfair competition. 
The grant of legal protection to a trademark we ll known in the Republic of Tajikistan may be 
challenged and invalidated in full or in part at any time during its term of validity, if effected in breach of the requirements set out in Part 2 of Article 23 of this Law. 
Any person may file an opposition with the A ppeal Board, within such time and on such 
grounds as provided by subparagraph one  of Part 1 of this Article, against the grant of legal 
protection to a trademark. 
An opposition against the grant of legal protecti on to a trademark, if by reason provided for 
by Paragraph two, Part 1 of this Article, shall be filed wi th the Appeal Board by the interested right 
holder of an exclusive right in the trademark in one of the countries - members of the Paris 
Convention. 
An opposition against the grant of legal protection to a trademark, well-known in the 
Republic of Tajikistan on the grounds provided for by Part 2 of this Article, may be filed by any 
person with the Appeal Board. 
A request for invalidating a grant of legal protection to a trademark pursuant to a decision 
made in order provided for by Paragraph three of Part 1 of this Article shall be filed with the Patent 
Office by any person. IP/N/1/TJK/T/1 
 
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  The grant of legal protection to a trademark shall be declared invalid in full or in part 
pursuant to a decision made on the basis of opposition or a request submitted in accordance with Part 3 of this Article. 
 
Article 34. Termination of lega l protection of a trademark 
Legal protection of a trademark is terminated in the following cases: - in connection with the expiration of the term of validity of a trademark registration; 
- on the grounds of a court judgment that has taken legal effect concerning an early 
termination of the legal protection of a collective  mark due to the use of that mark on the goods 
that do not possess uniform qualitative or other common characteristics as set forth in Part 3 of Article 26 of this Law; 
- on the basis of a decision on earlier termination of the legal protection of a trademark on 
the grounds of its non-use as set forth in Part 4 of Article 27 of this Law; 
- on the basis of a decision of the Patent Office  on earlier termination of the legal protection 
of the trademark in the event of liquidation of the legal entity- the right holder; 
- in the event that the right holder abandons it; - on the basis of the decision taken on the ap plication of any person filed with the Appeal 
Board on earlier termination of legal protection of a trademark where a registered trademark has 
become a commonplace designation used to  designate a certain kind of goods. 
Legal protection of a well-known trademark shall be terminated on the grounds set forth by 
Paragraphs 4 to7 of Part 1 of this Article, and also  on the basis of the decision of the Appeal Board 
in the event that a well-known trademark looses the features set forth in Paragraph 1 of Part 1 of 
Article 23 of this Law.  
 
CHAPTER 11. 
PROTECTION OF THE RIGHTS OF TH E RIGHT HOLDER OF A TRADEMARK 
 
Article 35. Disputes examined by courts 
Disputes related to the implementation of this Law shall be examined by courts within the 
limits of their jurisdiction in accordance with the procedure laid down by the legislation of the 
Republic of Tajikistan, including disputes over: 
- infringement of the exclusive right in a trademark; 
- early termination of the legal protection of a collective mark due to its use on goods which 
do not possess uniform qualitative and other common characteristics; 
- conclusion and implementation of contracts on grant of the right to use a trademark and 
contracts of transfer of an exclusive right in a trademark (contract on assignment of a trademark). 
 
CHAPTER 12. 
CONCLUDING PROVISIONS 
 
Article 36. Decisions of the Appeal Board 
A procedure for filing oppositions and requests with the Appeal Board and a procedure for 
their consideration shall be prescribed by the Patent Office. 
Decisions of the Appeal Board taken on oppositions and requests, filed in the order set forth 
in Articles 15, 24, 27, 33, and 34 of this Law sha ll be approved by the Head of the Patent Office 
and shall come into force from the date of their approval and may be appealed in Court in conformity with legislation of the Republic of Tajikistan. 
 
Article 37. Obligatory charges and procedural payment For filing of an application, registration and issuing a certificate for a trademark, renewal of 
registration and reinstatement of missed time periods as well as for all other legally significant acts 
connected with registration and renewal of trademark registrations obligatory charges shall be 
charged.  
For carrying out examination, entering change s and corrections in the documents of the 
application, publication of particulars of a trademark registration, consideration of oppositions and 
application by the Appeal Board, as well as for performance of other acts connected with examination of the application the Patent Of fice shall charge a procedural payment. 
The obligatory charges and procedural payment sh all be paid by the applicant, right holder, 
or, in agreement with them, by any natural person or legal entity. 
The amount of obligatory charges and procedural payment shall be determined by the 
Government of the Republic of Tajikistan. 
 IP/N/1/TJK/T/1 
 
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  Article 38. Rights of foreign individuals and legal entities 
Foreign individuals and legal entities shall enjoy those rights granted by this Law on a par 
with individuals and legal entities of the Republic of  Tajikistan by virtue of international legal acts 
recognized by the Republic of Tajikistan or on the basis of reciprocity. 
 
Article 39. International legal acts Where an international legal act recognized by Tajikistan establishes rules that differ from 
those set out in this Law, the rules of such international legal act shall apply. 
 Article 40. Liability for Breaches of This Law Natural persons and legal entities shall be li a b l e  f o r  b r e a c h e s  o f  t h i s  L a w  p u r s u a n t  t o  
legislation of the Republic of Tajikistan. 
 Article 41. On recognition of voidance of the Law of the Republic of Tajikistan "On 
trademarks and service marks" 
Recognize void the Law of the Republic of Tajikistan "On trademarks and service marks" 
(Bulletin of the Supreme Soviet of  the Republic of Tajikistan, 1992, № 4, p. 41). 
 
Article 42. Procedure for entry into force of this Law This Law shall enter into force after its official publication.  
 
President of the Republic of Tajikistan 
E. RAKHMONOV 
05 March 2007 
№234 
 
 
 
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