How to Register a Trademark in Uzbekistan

Under Uzbek law, legal protection for a trademark is generally obtained through registration. A trademark in Uzbekistan may be registered in the name of either a legal entity or an individual.

Words, logos, three-dimensional signs and other designations, as well as combinations of these elements, may qualify for protection. For businesses, this means that a company name used as a brand, a logo or a combined word-and-device mark may potentially be registered.

A trademark application covers one mark. The goods and services for which protection is sought must be identified separately and grouped according to the International Classification of Goods and Services (Nice Classification).

What Should Be Checked Before Filing a Trademark Application?

One of the most important stages of trademark registration in Uzbekistan begins before the application is submitted.

The applicant should first determine exactly which designation is to be protected and for which goods or services the trademark will be used.

Not every name, logo or other sign can be registered as a trademark. Uzbek trademark law contains restrictions relating, among other things, to signs that lack distinctive character, have become commonly used for particular types of goods, consist of generally accepted terms, merely describe the type, quality, characteristics, purpose or place of origin of goods, or may mislead consumers.

Registration may also be refused where a proposed mark is identical or confusingly similar to an earlier trademark belonging to another person in respect of similar goods or services.

For this reason, conducting a trademark search in Uzbekistan before filing can be an important practical step. A preliminary search is not itself a mandatory filing document, but it can help identify earlier rights and assess the risk of objections or refusal.

This is particularly important where a business has already invested in packaging, advertising, signage, a website or a product launch. Identifying a potential conflict during the development of a brand is generally easier than dealing with it after the brand has entered the market.

The selection of Nice Classification classes also requires careful consideration. The application should identify the specific goods and services for which protection is requested. The list should therefore reflect not only the applicant’s current activities but also the goods and services for which the brand is actually expected to be used.

Documents Required for Trademark Registration in Uzbekistan

A standard trademark application in Uzbekistan requires a relatively limited set of documents, although additional materials may be necessary depending on the type of mark and the circumstances of the application.

The principal documents and information generally include:

• an application for trademark registration containing information about the applicant;
• a representation of the proposed trademark;
• a description of the mark and, where required, information about its verbal elements, transliteration or other characteristics;
• a list of goods and services grouped according to the Nice Classification;
• a power of attorney where the application is filed through a representative or patent attorney;
• additional supporting documents where convention or exhibition priority is claimed, or where the mark contains elements requiring the consent of a competent authority or rights holder.

A patent fee is payable for filing the application. The applicable amount should be checked against the official tariffs in force at the time of filing.

Particular attention should also be paid to the representation of the mark. If protection is sought for a trademark in specific colours, the application should reproduce the mark in those colours. Where the mark includes wording in a foreign language, information concerning transliteration may also be required.

Additional requirements may apply to non-standard marks, including three-dimensional, sound or positional trademarks.

How Is a Trademark Application Filed in Uzbekistan?

Trademark registration is administered by the Ministry of Justice of the Republic of Uzbekistan, while the state examination is conducted by the Intellectual Property Center under the Ministry.

Under the applicable procedure, Uzbek residents may file through Public Service Centers, the authorised information system or the Unified Portal of Interactive Public Services. Non-resident applicants may file through the designated information system.

Further communication concerning the application is also conducted electronically.

The filing date is particularly important because, as a general rule, trademark priority is determined by the date on which the application is received by the Ministry.

Once an application has been accepted, information about it is made publicly available. Interested parties may submit written observations concerning possible bad faith, which may then be taken into consideration during examination.

How Long Does Trademark Registration Take?

A trademark application normally passes through two principal stages of examination.

The first stage is the formal examination, which is conducted within 30 days from the filing date. At this stage, the authorities check whether the application contains the required documents and whether they comply with the applicable formal requirements.

The second stage is the substantive examination of the proposed designation. Uzbek law provides for this examination to be conducted within seven months, but not earlier than six months after the filing date.

During substantive examination, the authorities assess whether the proposed trademark satisfies the legal requirements and whether any grounds for refusal exist.

The Intellectual Property Center may request additional documents or information from the applicant where these are required to complete the examination.

The legislation also provides for an information search regarding the registrability of the mark by agreement. In such cases, examination of the designation may be conducted within one month after the application has been accepted for consideration.

Following examination, a decision is issued either to register the trademark or to refuse registration.

If registration is approved and the applicable patent fee has been paid, the trademark is entered into the State Register. An electronic trademark certificate containing a QR code is issued after registration.

Can a Refusal Be Appealed?

If an applicant receives a refusal and considers the decision unjustified, it may be challenged before the Appeal Board of the Ministry of Justice.

An appeal may be submitted within three months from the date of the relevant decision.

A decision of the Appeal Board may subsequently be challenged before a court within six months.

How Long Is a Trademark Protected in Uzbekistan?

A trademark registration in Uzbekistan is valid for 10 years from the filing date, rather than from the date on which the trademark certificate is issued.

The registration may subsequently be renewed for further periods of 10 years.

An application for renewal should normally be submitted during the final year of the current registration period. If this deadline is missed, Uzbek law provides an additional six-month period during which a renewal request may still be submitted.

Why Trademark Strategy Should Be Considered Before Launch

Registering a trademark is more than a technical filing procedure.

Errors in the selection of the designation, the specification of goods and services or the supporting documents may result in additional examination requests or refusal. Delaying an application may also create the risk that another party files an identical or similar designation earlier.

Businesses planning to enter the Uzbek market should therefore consider trademark protection in Uzbekistan before making substantial investments in the launch or promotion of a new brand.

LOYAL advises local and international businesses on intellectual property and trademark registration in Uzbekistan, including preliminary legal analysis, assessment of trademark risks, preparation and filing of applications, registration proceedings and protection of trademark rights.

The firm’s intellectual property practice also covers other IP assets, licensing arrangements, franchising and intellectual property disputes.