Trademarks, Brands, Patents, Designs, Made in Italy, Copyrights, Competition Law, Contracts and Enforcement

06 febbraio 2008

News from Taijikistan

Lorenzo Litta

We have to thank once more our friends from SD Petosevic for informing us about important news coming from the quite far country of Taijikistan, in particular related to a well-discussed matter as the grace period for non-use. In particular I personally deem that this kind of modify should be followed also by other Countries (and maybe also by OHIM) and would be a "continental answer" to the US system.

Effective March 05, 2007, the non-use grace period for trademarks in Tajikistan changed from five to three years.

Under the amended law, any interested party may file a request for cancellation of a trademark registration if the trademark has not been in use for three years from the registration date. The request may relate to all or part of the goods specified in the certificate of registration and will be ruled on by the Board of Appeals. The former non-use grace period was five years.

If the proprietor of a trademark establishes that the non-use relates to reasons beyond his/her control, such evidence may be taken into consideration by the Board of Appeals.

For more information, please contact Anastasia Tokar at atokar@petosevic.com.

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