Termination of Trademark Certificate in Uzbekistan

The institution of termination of a trademark certificate is a key element of the legal protection system for industrial property in Uzbekistan. It ensures a balance between the interests of the right holder, society, and competitors by preventing abuse of exclusive rights and non-use of trademarks contrary to their legal nature. The Law of the Republic of Uzbekistan “On Trademarks, Service Marks, and Appellations of Origin of Goods” dated August 30, 2001 No. 267-II (as amended) regulates the grounds, procedures, and consequences of termination of a certificate.

A trademark certificate confirms the exclusive right of the owner to use the registered designation for the specified goods and services and also establishes the priority date and term of protection. According to Article 21 of the Law, the validity period of a certificate is ten years from the filing date, with the possibility of renewal for each subsequent ten-year period upon the owner’s request.

Grounds for Termination of the Certificate

Termination of a certificate may occur voluntarily, upon expiration, by court decision, or administratively in certain cases. The main groups of grounds are as follows:

1. Expiration of the validity term. If the owner fails to submit an application for renewal within the prescribed period, the certificate expires ten years after the filing date.
2. Voluntary waiver by the owner. The law allows the right holder to voluntarily renounce the certificate by filing an application with the Ministry of Justice (the competent authority), which results in removal of the trademark from the register.
3. Liquidation of a legal entity or death of an individual. In the absence of a legal successor, the certificate becomes invalid.
4. Non-use of a trademark. In international and national practice, continuous non-use of a trademark for three years constitutes grounds for cancellation. Uzbek law follows the same principle in accordance with the Paris Convention, applied through judicial annulment.
5. Violation of legal requirements. If, after registration, the mark loses its distinctiveness, becomes misleading to consumers, or contradicts public interests or morality, the certificate may be terminated early.
6. Decision of a court or the Appellate Board of the Ministry of Justice. When registration is declared invalid or annulled as a result of a dispute, the certificate loses its force upon entry into legal effect of the decision.

Procedure for Termination

Termination of a certificate may be carried out:

• Administratively — by submitting an application to the Ministry of Justice of the Republic of Uzbekistan. After verifying the grounds and recording the termination in the State Register, the certificate is deemed terminated.
• Judicially — upon claims of interested parties (for example, competitors, consumer-rights bodies, or patent attorneys) contesting the validity or use of the mark.

The decision to terminate a certificate is published in official sources and on the Ministry of Justice website to ensure transparency of the trademark’s legal status.

Legal Consequences of Termination

Termination of a trademark certificate entails the following legal consequences:

• cessation of the exclusive right to use the mark;
• possibility for other persons to register identical or similar designations;
• removal of the mark from the State Register;
• impossibility to assign, license, or pledge rights to the mark after termination;
• loss of legal protection from the date indicated in the decision or register entry.

If termination occurred due to non-use or legal violations, the former owner may not re-register the same mark until the violations are remedied.

International Standards and Harmonization

Uzbekistan is a member of the Paris Convention for the Protection of Industrial Property (1883) and the Madrid Agreement Concerning the International Registration of Marks (1891), which oblige the state to ensure uniform procedures for termination of trademark protection. Accordingly, Uzbek legislation is harmonized with international standards: termination does not release parties from obligations incurred before annulment and does not affect court disputes initiated earlier.

The termination mechanism performs a preventive and disciplinary function within the system of intellectual property protection. It encourages good-faith use and timely renewal of trademark rights. From a doctrinal perspective, termination acts as a self-regulating mechanism of the market, supporting fair competition and preventing monopolization of designations that have lost commercial relevance.

Thus, termination of a trademark certificate is an integral part of the intellectual property protection system in Uzbekistan. It guarantees continuous renewal of the trademark register, maintains fair competition, and ensures good-faith trade in goods and services. Effective implementation requires improvement of administrative procedures, digitalization of patent services, and development of judicial practice in the field of intellectual property.

Grounds, Procedures, and Consequences of Termination of Trademark Certificate

№	Ground for Termination	Legal Basis (Article of the Law)	Initiator	Competent Authority / Procedure	Legal Consequences	Comments and Scholarly Analysis
1	Expiration of 10-year validity term	Art. 21	Ministry of Justice automatically, if the owner fails to renew	Ministry of Justice of Uzbekistan — based on the State Register	Termination of legal protection; deletion from the register	The main and most frequent ground; protection lasts exactly 10 years from the filing date
2	Non-payment of renewal fee	Art. 22	Owner failed to file and pay the renewal fee	Ministry of Justice	Automatic termination after expiry without reinstatement	Renewal must be filed within the last year of validity; renewable every 10 years
3	Waiver by the owner	Civil law & Trademark Law	Right holder	Ministry of Justice (written application)	Voluntary termination; entry in register	May be full or partial (for certain goods/services); requires notarization
4	Liquidation of legal entity	Civil Code + Trademark Law	State body, liquidator	Ministry of Justice upon notification	Termination without succession; deletion of entry	If a successor exists, rights may be transferred by contract or inheritance
5	Death of individual owner	Civil Code, Inheritance Law	Heirs, notary	Ministry of Justice after notification	Termination if no successor; transfer if heirs exist	Heirs must confirm transfer within a set period
6	Non-use of mark for 3 years	Paris Convention, judicial practice	Interested party (competitor, consumer)	Court of general jurisdiction	Annulment of registration and termination	Principle of bona fide use; aligned with Art. 19 of the Paris Convention
7	Loss of distinctiveness / misleading mark	Arts. 10–11	Ministry of Justice, court	Court or Appellate Board	Annulment upon recognition as invalid	Applies if mark becomes descriptive or deceptive
8	Violation of public interest, morality, ethics	Art. 10 (1)(12)	State or public organizations	Judicial procedure	Invalidation and termination of rights	Used for discriminatory, immoral, or politically sensitive marks
9	Court decision declaring the certificate invalid	Trademark Law + Civil Procedure Code	Any interested party	Court (at place of registration)	Full annulment; entry of invalidity in register	May result from procedural errors, falsification, or confusing similarity
10	Breach of assignment or license agreement	Civil Code, Trademark Law	Any party to the contract	Court	Termination of contractual rights; possible annulment	Causes property consequences, especially in international deals
11	Infringement of well-known mark rights	Art. 10 (13)	Right holder of well-known mark	Court, Appellate Board	Annulment of conflicting mark	“Well-known marks” protected even without registration under WIPO norms
12	Lack of link to geographical origin (for GI marks)	Arts. 6 & 11	Ministry of Justice, consumers	Court or administrative procedure	Termination of certificate for appellation of origin	Applied when regional characteristics no longer match declared origin

Summary

• Key authority: Ministry of Justice of the Republic of Uzbekistan (and its Appellate Board).
• Judicial competence: Economic and administrative courts review cases of termination and invalidation.
• International basis: Articles 5C and 6bis of the Paris Convention and the Madrid Agreement apply in Uzbekistan.
• Legal effect: Termination represents the final loss of legal protection, unlike suspension, which is temporary.