Violation of the Exclusive Right to a Trademark in Uzbekistan

The institution of the trademark occupies a key place in the system of intellectual property, as it ensures the individualization of goods and services, protects the interests of both producers and consumers, and promotes the development of fair competition. The violation of the exclusive right to a trademark constitutes a serious infringement that undermines the principles of civil turnover and damages the business reputation of the right holder.

Legal regulation is based on 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 well as the norms of the Civil Code and international treaties (including the Paris Convention for the Protection of Industrial Property).

According to Article 4 of the aforementioned law, a trademark is subject to legal protection after state registration, and the exclusive right is certified by a certificate confirming the right holder and the list of protected goods and services.

Concept of Violation of the Exclusive Right

A violation of the exclusive right to a trademark is recognized as actions infringing the rights of the certificate holder, expressed in the unauthorized use of an identical or similar designation with respect to homogeneous goods or services.

Forms of violation may include:

• Use of a trademark without the consent of the right holder;
• Use of a similar designation capable of misleading consumers;
• Placement of another’s mark on packaging, documentation, advertising, or on the internet;
• Import, storage, or offering for sale of goods with illegally used marks.

Such use contradicts the provisions of Article 10 of the Law, which prohibits the registration of designations identical or confusingly similar to previously registered trademarks.

Mechanisms for the Protection of Exclusive Rights

Uzbek legislation provides for three groups of protection measures:

1. Civil-Law Protection

The right holder may demand:

• Recognition of the right and cessation of infringement;
• Seizure and destruction of counterfeit goods;
• Compensation for damages, including lost profits;
• Publication of the court’s decision to restore business reputation.

2. Administrative Protection

The competent authority is the Ministry of Justice of the Republic of Uzbekistan and its Intellectual Property Center, which oversee control, registration, and maintenance of the State Register of Trademarks.

Administrative bodies may review complaints, suspend illegal use, and forward materials to judicial authorities.

3. Criminal-Law Protection

In cases of systematic or large-scale violations causing significant damage, criminal liability may arise under articles relating to unlawful use of a trademark, counterfeiting, and unfair competition.

In the judicial practice of Uzbekistan, the degree of similarity of designations is considered the key criterion for recognizing a violation. Even in the absence of complete identity between the marks, the use of similar elements capable of creating erroneous associations among consumers is regarded as an infringement.

Courts usually apply a combined approach—analyzing visual, phonetic, and semantic similarity, taking into account market characteristics, product categories, and the perception of the average consumer.

The Republic of Uzbekistan is a party to the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Marks, and the TRIPS Agreement. Accordingly, the protection of trademarks also extends to foreign right holders, provided that the principle of reciprocity and registration requirements are observed.

Thus, the violation of the exclusive right to a trademark is a complex legal infringement, affecting civil, administrative, and international legal relations. Modern practice in Uzbekistan is aimed at strengthening protection mechanisms, developing judicial expertise in the field of intellectual property, and ensuring the effective suppression of unfair use of trademarks.

Violations of the Exclusive Right to a Trademark and Liability Measures

№	Form of Violation	Essence of the Offense	Type of Liability and Measures
1	Unauthorized use of a registered trademark	Use of another’s mark without the right holder’s permission on goods, packaging, documentation, advertising, or in a domain name	Civil: compensation for damages, prohibition of use, seizure of counterfeit goods, destruction of packaging and labels
2	Use of a confusingly similar designation	Use of a similar mark capable of misleading consumers as to the producer or origin of goods	Civil: recognition of infringement; court injunction; compensation for moral and material damage
3	Sale or storage of goods with an illegal mark	Sale, import, or storage of goods unlawfully bearing another’s mark	Administrative: fine, confiscation of goods and equipment; in case of repetition—transfer to court
4	Imitation of a trade name or packaging	Copying of packaging, color schemes, or logos creating confusion with a well-known trademark	Administrative / Civil: prohibition of use; fine; recognition of unfair competition
5	Use of a trademark in a domain name or advertising	Registration of a domain name or use in advertising without the right holder’s consent	Civil: deletion of the domain; ban on advertising; compensation for damages
6	Falsification of documents or certificates of registration	Use of counterfeit registration certificates or false data on trademark ownership	Criminal: fine, correctional labor, or restriction of freedom up to 3 years
7	Systematic large-scale use of another’s mark	Repeated or intentional use of a mark causing significant damage to the right holder	Criminal: fine up to 300 BRV; correctional labor; imprisonment up to 5 years
8	Import of counterfeit goods	Import of goods bearing another’s registered mark	Administrative / Civil: seizure of goods, destruction, fine
9	Bad-faith registration (patent trolling)	Registration of another’s well-known mark for profit or to obstruct the legitimate owner	Administrative / Civil: cancellation of registration; compensation for damages

Summary

• Civil measures are aimed at restoring the violated right and compensating for damages (Article 1023 of the Civil Code of Uzbekistan).
• Administrative measures apply to minor violations—fines, confiscation, or suspension of activity (Article 177 of the Code of Administrative Offenses).
• Criminal liability arises in cases of systematic, intentional, or large-scale violations causing significant economic harm.

The law allows simultaneous application of several types of liability if the infringer’s actions fall under different legal categories.