Uzbekistan is one of the fastest-growing economies in the region. Economic development and a good demographic situation led to the interest of a large number of foreign companies in the country.
Out of more than 15 thousand applications for new trademarks filed per year, almost half come from non-residents of Uzbekistan – it is one of the highest ratio in the world.
Among foreign applicants, the largest number of applications comes from the USA, Russia, Switzerland, China, the Republic of Korea, and India.
Images, words, three-dimensional, and other designations or their combinations in any color or combination can be registered as trademarks in Uzbekistan.
Uzbekistan uses the International (Nice) classification for goods and services and does not set limits on the number of declared classes for one TM, as well as limits on the list of goods/services in a class.
It is possible to register TM in the name of both individuals and legal entities. Registration of collective signs is allowed.
The database of trademarks, as well as applications for registration, is publicly available in Uzbekistan.
The Intellectual Property Agency accepts materials and conducts its office work in Uzbek and Russian languages.
In addition to searching the TM registers and applications, it is necessary to search the TM register recognized as well-known in Uzbekistan, as well as the registered geographical indication of the goods.
Documents for TM registration
In order to submit an application in the name of a non-resident, it is mandatory to have a patent attorney of Uzbekistan to represent interests before the Intellectual Property Agency.
A power of attorney is required – a scanned copy and an original.
In the case of a priority claimed, the relevant documents must be submitted within the period established by the Paris Convention for the Protection of Industrial Property.
Stages and terms of registration
The TM registration procedure in Uzbekistan has three stages: formal examination, substantive examination, registration, and issuance of a certificate.
The legislation does not provide for an opposition procedure and other parties do not have the opportunity to submit their objections, comments, or other informational materials.
On average, the entire TM registration procedure in Uzbekistan takes 12-14 months from the moment of application.
The TM certificate is valid for 10 years from the date of application, after which it can be extended for the next 10 years.
If the owner did not extend the rights in time, the same mark cannot be registered in the name of another person within three years from the date of termination of the TM certificate.
After registering a TM, the owner has the right to use a warning marking in the form of the Latin letter “R” or “R” in a circle next to its designation.
Also, the right holder has the opportunity to include the designation in the customs register of intellectual property objects, transfer TM rights to other persons, register license agreements for the use of the designation on the territory of the country, etc.
The Government of Uzbekistan has established different fees for registration and other types of actions with objects of intellectual property rights for residents and non-residents of the country.
Thus, the amount of state fees for non-residents exceeds the amount for residents by 16 times. This makes the cost of TM registration for foreigners in Uzbekistan one of the highest in the world.
The fees themselves are constantly increasing. According to the law “On State Duties” all rates are fixed in the reference calculation value (RCV). RCV is used not only for calculating fees for TM and patents in Uzbekistan but also for determining the amount of taxes, fees, fines, state duty, and other payments related to the provision of public services.
Therefore, the RCV is updated regularly, sometimes twice a year.
RCV is determined in the Uzbek national currency (sum), the exchange rate of which against the US dollar is constantly changing. Thus, before each submission of an application for TM, it is necessary to check the information on the current amount of state fees.
The cost of registration and other actions with trademarks in Uzbekistan for non-residents (state fees):
|Action||Amount in RCV||Approximate amount in USD|
|Filing application, one class
– each additional class
|Registration, publication, and issuance of a certificate, payment of a fee for the first 10 years of the certificate’s validity
– each additional class
|TM renewal, one class
– each additional class
|Registration of an assignment agreement||51||1400|
|Registration of a license agreement||34||940|
If you have any additional questions about the Trademark registration procedure in Uzbekistan or want to file an application, please contact us at [email protected]