Trademark Law

The current trademark regulations in Tajikistan are primarily based on the Trademark Law enacted on March 5, 2007, with amendments introduced on January 2, 2019.

Official Language

Tajik.

Application Principle

The "first-to-file" principle applies.

Trademark Classification

Tajikistan adopts the Nice Classification system for goods and services and accepts multi-class applications. Registrable elements include:

• Words
• Names
• Designs
• Sound marks

Protection Period

• Validity of trademark registration: 10 years from the application date.
• Renewal: Each renewal extends protection for 10 years.
  - Renewal applications can be filed within 12 months before expiration or within a 6-month grace period after expiration (with additional fees).
•  Non-use cancellation period: 3 years of consecutive non-use.

Application Methods

Tajikistan is a member of international intellectual property treaties, including the TRIPS Agreement, Paris Convention, Nice Agreement, WIPO Convention, Singapore Treaty, and Nairobi Treaty, as well as the Madrid Agreement and Madrid Protocol. Applications can be filed via:

•  National registration (direct filing in Tajikistan).
•  Madrid international registration.

Application Process

Steps: Application → Acceptance → Publication → Examination → Approval → Certificate issuance → Post-registration publication

• Application submission: File trademark documents with the Tajik Patent Office.
• Formality examination: Checks the legality of application documents, trademark samples, and power of attorney. Compliant applications are assigned an application date and application number.
• Publication: Trademarks passing formality examination are published in the official gazette.
• Substantive examination: Assesses registrability, conflicts with prior trademarks, and compliance with prohibited clauses under the Trademark Law.
• Registration approval: Trademarks not opposed during the publication period or successfully defended against opposition are approved, and a certificate is issued.
• Post-registration publication: After registration, the trademark is published again.

Note: Even after receiving the certificate, the trademark may be invalidated if challenged during the post-registration opposition period.
Total processing time: Approximately 12–18 months (if no objections, rejections, or oppositions arise).