Invalidation of a Trademark Certificate in Uzbekistan

The institution of invalidating a trademark certificate plays a crucial role in ensuring the reliability and integrity of the intellectual property registration system. The purpose of this mechanism is to eliminate unlawfully registered designations that contradict public interests, moral norms, or the rights of third parties.

In the legislation of Uzbekistan, this mechanism is governed by rules aimed at protecting bona fide participants in civil turnover and preventing the abuse of trademark rights.

According to the Law of the Republic of Uzbekistan No. 267-II of August 30, 2001, a trademark certificate confirms the exclusive right of its holder to use the registered designation for the term of protection (10 years, renewable). However, the certificate may be declared invalid, in whole or in part, if the registration was made in violation of the legal requirements.

Grounds for Invalidation

Grounds for invalidation include:

• Violation of protectability conditions (Articles 3 and 10 of the Law);
• Registration of designations lacking distinctiveness or likely to mislead consumers as to the nature or origin of goods;
• Use of state symbols or official names of international organizations without the consent of the competent authorities;
• Registration of marks identical or confusingly similar to previously registered or well-known trademarks (Articles 10 and 13 of the Law);
• Violation of rights to copyrighted works, industrial designs, trade names, or the names of famous persons without the consent of rights holders (Paragraph 14, Article 10).

Thus, invalidation of a certificate serves to eliminate erroneous registrations and restore the legitimate rights of bona fide entities.

Competent Authorities and Procedure for Invalidation

A trademark certificate may be invalidated:

• Administratively — through the Appeals Board of the Ministry of Justice (Article 16 of the Law) if the dispute concerns procedural violations or an unlawful registration decision;
• Judicially — by lawsuits filed by interested parties if proprietary or exclusive rights are affected.

The process begins with the submission of a complaint or claim substantiating the grounds for invalidation. If violations are confirmed, the certificate is annulled, and the corresponding record is removed from the State Register of Trademarks.

Special attention is paid to time limits for appeal: an appeal must be filed within three months after the decision on examination, and judicial appeal is possible within six months after the decision of the Appeals Board.

Legal Consequences of Invalidation

The invalidation of a trademark certificate has retroactive effect, meaning that the rights arising from an invalid certificate are deemed never to have existed. This entails:

• Loss of exclusive rights to use the mark;
• Annulment of all assignment or license agreements based on the invalid certificate;
• Impossibility of filing infringement claims related to the invalidated mark;
• Restoration of rights of previously registered owners (in case of conflicting marks).

The decision on invalidation is subject to official publication, ensuring transparency and public awareness within the system of industrial property protection.

Significance of Invalidation Mechanism

The invalidation of a trademark certificate is a key legal instrument for maintaining a balance among the interests of market participants, the state, and society. Its application promotes:

• Strengthening confidence in the national registration system;
• Preventing unfair competition;
• Protecting consumer rights against misleading designations.

The legislation of Uzbekistan establishes a clear and transparent mechanism for reviewing erroneous registrations, consistent with international standards in the field of intellectual property protection.

Grounds and Consequences of Invalidation

№	Ground for Invalidation	Consequence
1	Violation of protectability conditions (lack of distinctiveness, misleading nature)	Annulment of registration
2	Infringement of third-party rights to a trademark or a well-known mark	Termination of certificate validity
3	Use of protected symbols, names, or copyrighted objects without consent	Cancellation of registration
4	Procedural violations during registration	Invalidation by the Appeals Board
5	Court decision confirming infringement	Removal from the Register