Legal Protection of Trademarks and Appellations of Origin

This article analyzes the current legal regulation of trademarks, service marks, and appellations of origin in the Republic of Uzbekistan. It reviews key provisions of the Law of the Republic of Uzbekistan dated August 30, 2001, No. 267-II (as amended in 2025), including the registration procedure, rights and obligations of right holders, mechanisms of protection and termination of rights, as well as law enforcement practice and international legal aspects.

Trademarks play a fundamental role in the development of a market economy, ensuring the individualization of goods and services, protection of consumer interests, and the formation of fair competition. In the context of globalization and digitalization, the relevance of trademark protection is increasing, requiring the improvement of national legislation in accordance with international standards (Paris Convention, Madrid Protocol, Trademark Law Treaty).

According to Article 3 of the Law, a trademark is a registered designation intended to distinguish the goods (services) of one person from similar goods (services) of others. The law provides for individual and collective marks, as well as the possibility of registering word, figurative, three-dimensional, and combined designations in any color combination.

Special attention is paid to appellations of origin (AO), which serve as a guarantee of quality and geographical identification of products. AO registration is possible only if there is an objective link between the specific properties of the product and the natural or other conditions of the corresponding geographical area.

Registration and Examination

An application is submitted electronically through state information systems. The procedure includes a formal examination (30 days) and an examination of the designation (6 to 7 months). The possibility of claiming convention or exhibition priority, as well as division of applications, is provided.

Exclusive Right and Use

The right holder has the exclusive right to use and dispose of the trademark. Infringement of this right entails the obligation to compensate damages or pay compensation from 20 to 1000 base calculation value (BCV) regardless of actual damage. The law explicitly provides that counterfeit goods are subject to removal from circulation.

Restrictions and Grounds for Refusal

Article 10 contains a list of designations that are not subject to registration: state symbols, generic terms, false or misleading indications, those contrary to morality, as well as designations identical to previously registered marks.

Termination and Invalidation of Rights

Registration may be terminated upon expiration (10 years) or early — at the request of interested parties — if the trademark has not been used for 3 years. A procedure is provided for invalidating a certificate through the Appeals Board or a court.

The law establishes the priority of international treaties and provides for the registration of trademarks and AO in other countries. Foreign persons enjoy national treatment.

Law Enforcement Practice and Trends

Recent amendments (2024–2025) have strengthened the digitalization of procedures:

• registration and publication of data are now carried out online;
• certificates are issued electronically with a QR code;
• compensation for infringement has been introduced, which does not require proof of damage.

These measures contribute to transparency, accelerate the turnover of rights, and enhance the level of protection for market participants.

The modern legislation of Uzbekistan on trademarks demonstrates harmonization with international norms and is aimed at protecting the interests of businesses and consumers. Future development prospects are associated with further digitalization, integration with international systems (WIPO), as well as improvement of judicial practice in the protection of exclusive rights.

 

Comparative Table: National vs. International Trademark Registration

Criterion	National Registration (Law of the Republic of Uzbekistan)	International Registration (Madrid System)
Competent Authority	Ministry of Justice of Uzbekistan, State Institution "Intellectual Property Center"	World Intellectual Property Organization (WIPO) through the International Bureau
Legal Framework	Law of the Republic of Uzbekistan "On Trademarks…" (as amended 2025), Civil Code (Arts. 1031–1040)	Madrid Protocol (1989)
Application Filing	Electronic filing via state information systems; application, image of the mark, list of goods per Nice Classification	Through the national IP office, which forwards the application to WIPO; a single set of documents for all selected countries
Examination Period	Formal examination – 30 days, substantive examination – 6–7 months	International publication within 2 months, then national offices of designated countries conduct examination (up to 12–18 months)
Priority	By filing date or by date of convention/exhibition priority (6 months)	Priority similar to Paris Convention, applied to all designated countries
Protection Term	10 years from filing date, renewable every 10 years	10 years from date of international registration, renewable every 10 years via a single request
Certificate	Issued electronically with QR code; published in Ministry bulletin	International WIPO certificate recognized in designated countries
Right Holders	Legal and natural persons, residents and non-residents (national treatment)	Residents of Madrid System member states
Protection Mechanisms	Exclusive right, compensation (20–1000 BCV), judicial protection, seizure of counterfeits	National courts of member states; no unified appeal procedure at WIPO
Special Features	Possibility of registering collective marks, protection of well-known marks	Protection in several countries under a single procedure, reduction of administrative costs

 

Rights and Obligations of the Trademark Owner

Element	Rights	Obligations
Exclusive Right	Use the mark on goods, packaging, advertising, domain name	Prevent use that misleads consumers
Disposition of Rights	Assignment by agreement, licensing subject to quality control	Register agreements with the Ministry
Judicial Protection	Claim damages or compensation (20–1000 BCV)	Provide evidence of use of the mark in case of early termination disputes
Renewal of Registration	Apply for renewal every 10 years	Pay renewal fees on time
Public Notice	Affix warning mark "R"	Comply with agreements on the use of collective marks