Trademark Registration in Uzbekistan

A trademark is one of the key objects of industrial property and performs an important function of distinguishing goods and services in the marketplace. In the context of globalization and increasing competition, the existence of a registered trademark becomes not only an element of marketing strategy, but also an important legal instrument for protecting a company’s business reputation and commercial interests.

In the Republic of Uzbekistan, the legal protection of trademarks is governed by the Law of the Republic of Uzbekistan “On Trademarks, Service Marks and Appellations of Origin,” as well as by subordinate regulations, including the Administrative Regulation for the provision of the state service for trademark registration, approved by Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 480 dated September 19, 2023.

Trademark registration grants the right holder the exclusive right to use the designation to distinguish goods or services and to prohibit its use by third parties without permission.

According to the legislation of Uzbekistan, a trademark is a designation serving to distinguish the goods or services of one person from the goods or services of others.

As trademarks, various types of designations may be registered, in particular:

Main Types of Marks

Type of Designation	Description
Word marks	words, combinations of letters, syllables, phrases
Figurative marks	images, graphic elements
Three-dimensional marks	three-dimensional shapes of goods or packaging
Combined marks	combinations of verbal and graphic elements

In addition, the legislation allows the registration of non-traditional designations, for example:

• sound marks
• light marks
• position marks
• hologram marks
• motion marks
• olfactory marks

The expansion of the list of protectable designations corresponds to modern trends in the development of international intellectual property law.

Conditions for Trademark Protectability

For registration, a designation must possess distinctiveness, that is, the ability to distinguish the goods of one manufacturer from those of another.

The following designations are not subject to registration:

1. State symbols (coats of arms, flags, awards).
2. Names of states and international organizations.
3. Generally accepted symbols and terms.
4. Designations describing the characteristics of goods.
5. Designations misleading consumers.
6. Designations contrary to public interests or morality.
7. Designations identical or confusingly similar to previously registered marks.

One of the key criteria is the absence of similarity to a degree of confusion with previously registered trademarks.

TRADEMARK REGISTRATION PROCEDURE

State registration of trademarks in Uzbekistan is carried out by the Ministry of Justice of the Republic of Uzbekistan through the Intellectual Property Center.

The registration procedure includes several stages.

1. Filing an Application

The application must contain:

• an application for registration;
• an image of the designation;
• a list of goods and services according to the International Classification of Goods and Services (ICGS / Nice Classification).

The application may be filed:

• through the information system of the Ministry of Justice;
• through the Unified Portal of Interactive Public Services;
• by postal mail.

2. Formal Examination

This examination is carried out within 30 days and includes verification of:

• the presence of the required documents;
• the correctness of the application form;
• compliance of the list of goods with the requirements of the Nice Classification.

Based on the examination results, a decision is made:

• to accept the application for consideration;
• or to refuse acceptance.

3. Examination of the Designation

At the second stage, a substantive examination is conducted, which includes:

• verification of the distinctiveness of the mark;
• search for similar and identical designations;
• analysis of the homogeneity of goods.

The examination period is up to 7 months, but it may be shortened to 1 month under an accelerated procedure.

4. Registration and Issuance of Certificate

If a positive decision is made, the applicant pays the state fee.

After payment:

1. the mark is entered into the State Register of Trademarks;
2. information on the registration is published;
3. the certificate is issued to the right holder.

 

Criteria for Similarity of Trademarks

During examination, a comprehensive assessment of the similarity of designations is applied.

Similarity may be:

Type of Similarity	Content
Phonetic	similarity in pronunciation
Graphic	similarity in visual appearance/spelling
Semantic	similarity in meaning

The examination is carried out on the basis of the overall impression the designation creates on the consumer.

International Registration of Trademarks

Legal protection of trademarks in Uzbekistan may also be granted on the basis of international treaties. In particular, the Madrid System for the International Registration of Marks applies, allowing protection to be obtained in several countries by filing a single international application. If the international registration is extended to Uzbekistan, an examination is conducted for compliance with national legislation.

Importance of Trademark Registration for Business

Trademark registration provides the right holder with a number of legal advantages:

• the exclusive right to use the mark;
• the possibility to prohibit the use of similar designations;
• protection against unfair competition;
• the possibility of transferring rights under a license agreement or assignment agreement;
• increased investment attractiveness of the business.

In addition, a registered trademark may serve as an intangible asset of the company, increasing its market value.

Trademark registration is an important tool for legal brand protection and ensuring business competitiveness. The current legislation of the Republic of Uzbekistan provides for a sufficiently detailed registration procedure, including formal examination and substantive examination.

In the context of the development of the digital economy and international trade, timely registration of a trademark makes it possible not only to protect the rights of the right holder, but also to build a sustainable brand reputation in the national and international markets.

What Can and Cannot Be Registered as a Trademark in Uzbekistan

Category of Designation	Can Be Registered (Example)	Cannot Be Registered (Example)	Reason for Refusal
Fanciful words	ZENTORA (for cosmetics)	—	A fanciful word has high distinctiveness
Arbitrary words	APPLE (for computers)	APPLE (for apples)	Generic designation of the goods
Combined marks (logo + word)	SILVER FOX + logo	Simple word FOX without originality	Lack of sufficient distinctiveness
Words unrelated to the goods	ORBITA (for furniture)	CHAIR STORE (for furniture)	Descriptive designation
Unusual names	NOVENTIX (for IT services)	FAST INTERNET (for internet services)	Describes the service
Original logos	Unique graphic symbol	Simple geometric figure (circle, square)	Lack of distinctiveness
Shape of packaging	Unique bottle shape	Ordinary bottle shape	Shape is determined by the function of the goods
Color combinations	Brand-specific color combination	Ordinary color (for example, simply red)	Does not possess distinctiveness
Surnames	RYSKIYEVA (for legal services)	TOLSTOY without consent of heirs	Use of the name of a famous person
Geographical names	SAMARKAND STYLE (as a brand element)	SAMARKAND WINE for wine not originating from Samarkand	May mislead consumers
Quality indications	NATURIX (fanciful word)	100% NATURAL	Describes the properties of the goods
Indications of speed/characteristics	VELOX (for delivery services)	SUPER FAST DELIVERY	Describes the service
State symbols	—	Coat of Arms of Uzbekistan	State symbols are not registrable
Similar to famous brands	STARCOM	NIKEE for clothing	Similarity to a degree of confusion
Commonly used words	ALTRION	BREAD SHOP for bread	Generic designation

Key Criteria for Trademark Registration

For successful registration, the designation must:

1. possess distinctiveness;
2. not describe the goods or services;
3. not mislead consumers;
4. not coincide with previously registered marks;
5. not contain state symbols.