Trademark Disputes in Uzbekistan

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1. In order to represent a client before the courts in relation to a prospective trademark infringement action, is a Power of Attorney required in Uzbekistan and, if so, what execution and notarization or legalization formalities must be satisfied?
2. Is a trademark proprietor required, as a matter of law or procedure, to issue a cease and desist letter to an alleged infringer prior to commencing infringement proceedings? If not, what procedural or costs consequences may arise from a failure to send such a pre-action notice?
3. In Uzbekistan, can a cease and desist letter expose the trademark proprietor to liability for unjustified threats or groundless allegations? If so, what precautions should be taken when drafting such correspondence to minimize that risk?
4. Is it mandatory for the parties to attempt mediation, conciliation, or any other form of alternative dispute resolution before trademark infringement proceedings may be commenced?
5. Are trademark infringement claims heard by the ordinary commercial courts or by a specialized intellectual property court or tribunal? Are such disputes determined exclusively by judges, or is there any role for a jury?
6. What limitation period applies to trademark infringement claims in Uzbekistan, and from what date does that period begin to run, particularly where the proprietor has knowledge of the infringing acts?
7. Does the law in Uzbekistan afford protection to unregistered trademarks or other indicia of commercial origin, including under unfair competition, passing off, trade dress, or misleading advertising principles? If so, what are the legal requirements for such protection to arise?
8. May claims for registered trademark infringement be pursued together with claims based on unfair competition, trade dress infringement, or misleading advertising within the same proceedings, or must such causes of action be brought separately?
9. Do the courts and the local Trademark Office exercise concurrent jurisdiction in matters that may overlap, such as infringement, invalidity, or revocation, such that forum selection and timing are strategically significant? Alternatively, does one forum take precedence or stay parallel proceedings in the other?
10. Where a defendant raises a counterclaim for invalidity, cancellation, or revocation of the asserted trademark, including on grounds of earlier rights or non-use, is that counterclaim adjudicated within the same infringement action, or are validity issues determined in separate proceedings? If separate proceedings are required, what are the practical timing implications, including whether the infringement action is ordinarily stayed pending resolution of validity?
11. Where the principal relief sought in infringement proceedings is injunctive relief, is the claimant nevertheless required to quantify or declare the monetary value of the claim at the time of filing?
12. Are preliminary or interim injunctions available in trademark infringement matters in Uzbekistan? If so, what legal test must the claimant satisfy, and is the claimant required to provide a cross-undertaking in damages, bond, or other security in the event that infringement is not ultimately established?
13. Is a licensee of a registered trademark, whether exclusive or non-exclusive, entitled to bring infringement proceedings in its own name? Must the trademark proprietor be joined as a party, and does the answer depend on whether the license has been recorded with the Trademark Registry?
14. In cases where infringement is alleged on the basis of similarity between the defendant’s sign and the claimant’s registered trademark, must the claimant prove actual consumer confusion, or is a likelihood of confusion sufficient? What is the applicable legal threshold for establishing infringement?
15. What forms of disclosure, document production, or discovery are typically available or ordered by the court in trademark infringement proceedings, both from the claimant and the defendant?
16. What categories of expert evidence are admissible in trademark infringement proceedings in Uzbekistan? In particular, are consumer surveys accepted, and are there procedural requirements governing their design, admissibility, or the need for prior permission of the court?
17. Must factual evidence submitted in support of a trademark infringement claim be verified by a statement of truth, affidavit, witness declaration, or similar formal certification?
18. Is summary judgment or any equivalent expedited dispositive procedure available in trademark infringement litigation? If so, what legal standard must be met for such relief to be granted?
19. What is the usual timeframe for obtaining a first instance judgment in a trademark infringement action, from commencement of proceedings to final decision? In addition, what is the approximate lower and upper range of legal costs typically incurred in such proceedings?
20. Following a first instance judgment, do the parties have a right of appeal? What grounds of appeal are recognized, is leave or permission to appeal required, and does the filing of an appeal automatically stay enforcement of the first instance judgment?
21. Where the parties have previously been involved in proceedings before the local Trademark Office, such as opposition proceedings, what effect do those proceedings have on subsequent court infringement or invalidity actions? For example, if an opposition filed by the trademark proprietor was unsuccessful, is the proprietor precluded from later bringing an invalidity action against the same mark on substantially the same grounds?
22. In trademark infringement proceedings, are issues of liability and quantum determined within a single proceeding, or are damages assessed separately after liability has been established? What principles and methods are typically applied by the courts when assessing damages?
23. Apart from injunctive relief and damages, what additional remedies are available in trademark infringement proceedings in Uzbekistan?
24. Is the successful party entitled to recover all or part of its legal costs from the unsuccessful party? If so, what procedure applies for costs recovery, and by what criteria does the court assess the amount recoverable?
25. Once judgment has been rendered, what period is usually afforded to the losing party to comply with the court’s orders, including any permanent injunction? What sanctions apply in the event of non-compliance, and what enforcement mechanisms are available to the successful party?