Legal Framework and Competent Authority

The legal basis for Mongolia's trademark system is the Trademark Law, which stipulates the registration, protection, renewal, opposition, and other related aspects of trademarks. The latest version of the Trademark Law was revised and came into effect in 2010.

The competent authority is the Intellectual Property Office of Mongolia (IPOM), which is responsible for handling trademark applications, examinations, registrations, renewals, oppositions, and cancellations. Additionally, IPOM provides trademark search services and manages the trademark database.

International Treaties Joined

Mongolia is a contracting party to international intellectual property treaties such as the Singapore Treaty on the Law of Trademarks, the Nice Agreement, the Nairobi Treaty, and the Paris Convention. It is also a member of the Madrid Agreement and the Madrid Protocol, allowing trademark registration in Mongolia to be processed through either "national registration" or "Madrid International Registration."

Principles of Trademark Protection

Registration Principle

Trademark protection in Mongolia is based on registration. Only trademarks registered with the Intellectual Property Office of Mongolia are entitled to legal protection. Unregistered trademarks generally do not enjoy legal protection unless recognized as well-known trademarks.

First-to-File Principle

Mongolia adopts the first-to-file principle, meaning that trademark rights are granted to the applicant who submits the earliest registration application. This principle helps avoid conflicts over trademark rights.

Trademark Classes and Scope of Protection

Currently, Mongolia adopts the 11th edition of the Nice Classification for goods and services descriptions and accepts multi-class applications in a single filing. Elements that can be registered as trademarks in Mongolia include words, names, graphics, three-dimensional marks, and color combinations.

Required Information and Documents for Trademark Registration

If the applicant does not reside in Mongolia, they must appoint a local agent to handle the application. The following documents are required for trademark registration with the Intellectual Property Office of Mongolia:

• Application form: Including the applicant's name, address, nationality or company name, and registered address;
• Trademark representation: Clear design file of the trademark;
• Goods or services class: Selection of the appropriate class according to the Nice Classification;
• Priority claim: If the applicant claims priority under the Paris Convention, relevant supporting documents must be submitted;
• Power of attorney: If the application is submitted by an agent;
• Proof of payment: Receipt of application fee payment.

Trademark Application Process and Timeline

The trademark registration process in Mongolia is as follows:
Application → Acceptance → Examination → Approval → Issuance → Publication

• Application: Submit the application documents to the Intellectual Property Office of Mongolia.
• Examination: Examiners will conduct both formality and substantive examinations to ensure the completeness of the application documents and confirm whether the trademark meets the basic registration requirements. If the application fails the examination, a rejection notice will be issued, and the applicant will be required to respond within the specified time frame.
• Approval and Issuance: Once the application passes the examination, the trademark will be registered, and a registration certificate will be issued.
• Publication: After issuance, the registration will be published, and a 12-month opposition period will begin from the date of publication.

The entire trademark registration process typically takes 12-18 months to complete, with the timeline potentially extended due to the complexity of the examination or opposition.

Trademark Protection Period and Renewal

The protection period for a registered trademark in Mongolia is 10 years. Upon expiration, the trademark can be renewed for successive periods of 10 years each time. Renewal applications can be submitted before the trademark expires, with a grace period of 6 months after expiration. If the trademark is not renewed within the grace period, it will lapse.

Non-Use Cancellation System

Unlike most countries, Mongolia does not require the actual use of a trademark after registration. As a result, trademarks in Mongolia cannot be canceled on the grounds of "non-use." In cases of infringement, cancellation can be sought based on "bad faith registration" or under Article 6 of the Paris Convention regarding well-known trademarks.