Trademark Certificate and Its Cancellation

A trademark certificate is a key legal document confirming the exclusive right of its owner to use the registered designation in relation to certain goods or services. In a market economy, the certificate serves not only a legal, but also an economic function, ensuring the protection of the manufacturer’s reputation and preventing unfair competition.

According to the Law of the Republic of Uzbekistan “On Trademarks, Service Marks and Appellations of Origin of Goods”, a trademark certificate certifies:

• the fact of registration of the designation as a trademark;
• the priority date of the trademark;
• the exclusive right of the owner to use the mark in relation to the specified goods.

The certificate is issued electronically by the Ministry of Justice on the date of entering the record into the State Register of Trademarks and contains a QR code to verify its authenticity.

Term of Validity and Renewal

The certificate is valid for 10 years from the date of filing the application and can be renewed an unlimited number of times, each time for 10 years.

To renew, the owner must submit an application during the last year of the certificate’s validity, pay the patent fee, and confirm their actual location (for appellations of origin).

It is possible to submit a petition for reinstatement of a missed renewal deadline within 6 months after the certificate expires.

Making Changes

The owner is obliged to notify the Ministry of any changes to its name, reduction of the list of goods, or other information affecting the registration. These changes are entered into the certificate and the State Register.

Termination of the Certificate

The certificate may be terminated:

• Automatically — upon expiration of its term if it has not been renewed.
• Early termination — in whole or in part:
  • at the request of the owner;
  • by decision of the Appeals Board or a court;
  • for non-use of the mark continuously for the last three years (if the owner cannot prove valid reasons for non-use);
  • for violation of an agreement on the use of a collective mark.

Invalidation of the Certificate

A certificate may be invalidated:

• Fully or partially — if it was issued in violation of the requirements of Article 10 of the Law (for example, if designations that lack distinctiveness or are confusingly similar to other marks were registered);
• At any time during its validity — if the actions of the owner are recognized as an act of unfair competition;
• By decision of the Appeals Board or a court.

Thus, the institution of invalidation performs a filtering function, eliminating unlawful registrations that could disrupt the balance of market participants’ interests.

Judicial and Administrative Practice

The invalidation procedure is of a mixed nature:

• Administrative stage — filing an application with the Appeals Board of the Ministry of Justice.
• Judicial stage — the possibility to appeal the decision of the Appeals Board to the commercial court within 6 months.

Proper understanding of the procedure for termination and invalidation of a certificate is critical for protecting business owners’ interests:

• it ensures compliance with the principle of fair competition;
• it encourages actual use of registered marks;
• it prevents monopolization of designations that do not meet protectability criteria.

The trademark certificate is a fundamental element of the legal protection of means of individualization. The legislator has provided a balance of interests: on one hand, guaranteeing the stability of the owner’s rights, and on the other, providing mechanisms for cancellation or invalidation to protect public interests and fair competition.

 

Stages of the Trademark Certificate’s Lifecycle

Stage	Description	Key Actions	Timeframe
1. Registration	Entering data on the trademark into the State Register and issuing the certificate electronically (with QR code).	– Payment of patent fee; – Automatic registration after examination; – Issuance of certificate.	Date of registration in the register
2. Validity Period	The period during which the owner has the exclusive right to use the mark.	– Use of the mark on goods, packaging, advertising; – Enforcement of rights against infringements; – Control over the use of collective marks.	10 years from application date
3. Making Changes	Updating data about the owner or the mark without changing its essence.	– Notification of the Ministry of name change; – Reduction of list of goods; – Adjustment of individual elements of the mark.	During the validity period
4. Renewal	Extension of legal protection for the next 10-year term.	– Filing a renewal application; – Payment of the fee; – Record entry into the register.	During the last year of validity (can be restored within 6 months after expiration)
5. Termination	End of protection or early termination.	– Expiration of term (if not renewed); – Owner’s application; – Decision of Appeals Board or court; – Termination for non-use for 3 consecutive years.	Automatically or by decision of the competent authority
6. Invalidation	Full or partial loss of the certificate’s legal force due to violations of the law.	– Contesting registration under Article 10 (non-protectable, confusingly similar designations); – Recognition of unfair competition; – Decision of Appeals Board or court.	During entire term of validity (some grounds — within 5 years from publication)

 

Grounds and Procedure for Early Termination or Invalidation of a Trademark Certificate

Ground	Nature of Measure	Decision-Making Authority	Procedure	Timeframe / Limitations
Expiration of term	Termination of certificate	Ministry of Justice (automatic)	– No renewal application filed; – Entry in register annulled.	10 years from application date + 6 months grace period for renewal
Owner’s request	Early termination	Ministry of Justice	– Submission of written request; – Changes recorded in register.	At any time during validity
Non-use of mark	Early termination	Court	– Application by interested party; – Review of evidence of use or valid reasons for non-use; – Court decision.	Non-use ≥ 3 consecutive years before filing
Breach of collective mark agreement	Early termination	Court	– Lawsuit by interested member or third party; – Judicial review of contract terms.	During validity of mark
Registration in violation of Art. 10 (non-protectable designations)	Invalidation (full or partial)	Appeals Board or Court	– Filing an application for challenge; – Administrative review (Appeals Board); – Possibility of judicial appeal.	Clauses 1–12 Art. 10 — at any time; Clauses 13–14 Art. 10 — within 5 years of publication
Act of unfair competition	Invalidation	Court or Appeals Board	– Examination of competition law violation; – Establishment of fact of unfair competition; – Decision to invalidate.	During entire term of validity
Other grounds for appellations of origin (loss of properties)	Termination of certificate of right to use	Appeals Board or Court	– Establishment of impossibility to produce goods with declared properties.	During term of validity