The current trademark regulations in Afghanistan are primarily based on the Trademark Law effective from September 1, 2009. The Central Business Registry and Intellectual Property Office of Afghanistan is responsible for managing trademark affairs, with Pashto as the official language. Trademark rights are acquired through registration. While registration is not mandatory, it is necessary for trademark protection or renewal. Afghanistan follows the "first-to-file" principle, but in certain cases, trademark rights can be claimed based on "prior use."

Afghanistan is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention and is a member of the Madrid Protocol. Therefore, trademark registration can be processed either through "single-country registration" or "Madrid international registration."

Trademark Application

The Afghan Trademark Office currently uses the Nice Classification for goods and services description, excluding Class 33 and alcohol-related goods in Class 32. Since March 11, 2016, only single-class applications are accepted. Elements that can be registered as trademarks include words, names, graphics, advertisements, three-dimensional signs, and packaging.

Applicants not residing in Afghanistan must appoint a local agent to handle the application. Basic materials required for trademark application include:

• Trademark sample;
• Specific goods/services;
• Applicant's name and address;
• Notarized power of attorney;
• Priority claim documents and translations, if applicable.

Trademark Application Process

The registration process involves: Application — Examination — Publication — Approval — Certification.

183. Application: Acceptance occurs approximately one week after submission.
183. Examination: Includes formal and substantive examination. If rejected, a notice is issued requiring a response within the specified time. Approved applications proceed to publication, with a 30-day period for opposition.
183. Publication: Opposition can be filed within 60 days by any interested party or prior rights holder.
183. Approval and Certification: If no opposition arises or opposition is invalid, registration is granted, and a certificate is issued.

Under smooth circumstances, Afghan trademark registration takes about 1.5 years; disputes or rejections may extend this timeframe.

Trademark Maintenance

Afghan trademarks are valid for 10 years from the application date. Renewal can be processed within 6 months prior to expiration, with no grace period. Renewal extends validity for another 10 years.

Applications for invalidation or cancellation can be based on:

• Violations of relevant laws and regulations;
• Non-use in Afghanistan for 3 consecutive years, unless due to force majeure.