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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Uzbekistan, do I have protection in other territories?
The territorial limit of registration is Uzbekistan.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is necessary.
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Are there any benefits from a pre-filing use of the trademark?
There are minimal benefits since trademark rights are largely established through registration.
- Pre-filing use may demonstrate acquired distinctiveness
- Pre-filing use may help overcome an objection to an application to register the trademark on the grounds of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Uzbekistan?
- names
- words
- certain three-dimensional shapes
- devices
- slogans
- colours
- sounds
- trade dress/get-up
- smells
- holograms
- taste
- motion
- light
- touch
- collective marks
- service marks
- well-known marks
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What are the phases of application after a trademark has been filed in Uzbekistan?
The order of the application process is as follows:
- Examination of the following:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- conflict with rights under Article 6ter of the Paris Convention
- genericness
- conflict with public interest
- conflict with principles of humanity and morality
- Registration
- Publication - the filing particulars of an application are not made available to the public
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What type of trademark is not registrable?
- generic terms
- false or deceptive terms
- marks contrary to moral standards or public order
- names, flags or symbols of states, nations, regions, or of international organizations
- official signs and hallmarks indicating control and warranty
- official awards, decorations and insignia used in Uzbekistan
- marks without acquired distinctiveness
- marks that function principally as geographic location names
- descriptive terms
- signs identical with or confusingly similar to an earlier right
- industrial designs
- names of works of science
- literature and art
- literary characters
- quotes
- works of art or parts thereof
- names or portraits of persons well known in Uzbekistan
- marks that are part of the historical and cultural heritage of Uzbekistan
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Does Uzbekistan use the "Nice Classification" system?
Uzbekistan uses the Nice Classification System.
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Does the Community Trademark apply for Uzbekistan?
No. The Community Trademark, currently known as European Union Trade Mark, is not effective in Uzbekistan.
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Is there any possibility to claim priority in Uzbekistan?
Priority application is possible to claim:
- if the applicant's home country is a member of the Paris Convention
- if the home application was filed within six months preceding the application in Uzbekistan
- if an International Registration can be designated in Uzbekistan
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the date of registration or last use. The amount of use can be minimal but must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for any goods or services.