On February 8, 2019 the Resolution of the President of the Republic of Uzbekistan “On measures to improve state administration in the field of intellectual property” came into force.
The list of significant changes is given below:
1. Complete inventory of trademarks until July 1, 2019.
The Ministry of Justice and the Prosecutor General’s Office have been tasked with conducting a complete inventory of trademarks registered in Uzbekistan until July 1, 2019. According to the results of the inventory, in the case of detection of registrations granted in violation of law (trademark thief, registration of confusing trademarks), the above authorities should take measures to cancel them.
Interested persons (right holders, agents, representatives) have the right to apply to the General Prosecutor’s Office with an application indicating the stolen trademarks and the confirming facts. If the trademark in questions has previously been subject of a pre-trial or trial proceedings, there will be a procedural possibility to review the case (filing of a prosecutor’s protest, etc). Each such case is subject to a separate study and developing strategy.
2. The period during which the trademark certificate can be terminated on the grounds of its non-use is reduced from five to the last three years.
Taking into account the large number of attempts of unfair seizure of trademarks in courts on the ground of early termination of the trademark certificate due to non-use, in order to reduce the potential risks for rights holders, we recommend taking measures to fix the fact of use of the trademarks in Uzbekistan, including the use unrelated to import of trademarked goods into Uzbekistan.
3. Starting March 1, 2019, all trademarks applications are subject to mandatory publication in UzPTO’s online database.
In case of discovery of attempts to violate IPRs to registered trademarks, or submission of an application for unfair registration or identical or confusingly similar trademarks, interested persons may now submit an official objection against registration of the contested trademark application to the Intellectual Property under the Ministry of Justice.