A Trademark is a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.
A trademark can be a corporate logo, a slogan, a brand, or simply the name of a product.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
Once registered, it enables the trademark owner to amongst other things- take legal action against anyone who uses the registered mark without permission, sell and/or license the registered trademark (so in a sense it becomes an asset), and allows the owner to legally put the ® symbol next to the brand – to show ownership and warn others against using it.
In Afghanistan, the legislation, which governs the registration of trademarks, is the Trade Marks Act (and the Trade Mark Regulations made pursuant to it). The government agency in Afghanistan that is in charge of the registration of trademarks is the Trademarks, Patents And Designs Registry. Applications are made to the Registrar of Trade Marks. This Department is charged with the duty of dealing with applications for the registration of trademarks, and other connected matters.
Afghanistan is a party to the Nice Agreement and under this agreement, Trademarks are classified under 45 classes. Therefore, a trademark must be registered under the most relevant class.
Under Afghanistan law, only accredited individuals/companies can register trademarks. So, if you are interested in registering your trademark you will need to hire the services of accredited agents for this process.
Device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof; For it to be eligible for registration in Afghanistan it must contain or consist of at least one of the following essential particulars –
The following symbols may not be used or registered as trademarks:
The proprietor of a well-known mark may enjoy the rights conferred by the provisions of these Articles, even if such mark is not registered in Afghanistan. The Central Registration Office (the Trademarks Section) shall be obligated to reject any trademark application similar to any such well-known international mark, unless the applicant is the owner or an agent of the owner of the well-known mark.
In order to have exclusive use of your trademark, it is imperative that you register it. Unlike with copyright , protection does not vest automatically in the owner. Not registering a trademark would mean that you do not have exclusive right to use it. If someone were to use the same mark as you, the only recourse you would potentially have would be an action for the tort of passing off. So, yes you should register your trademark.
The Trademark registration process can be broken into 3 general stages:
real and legal persons, their lawyers or legal representatives are obliged to provide the following documents during the application for registration of their trademarks:
If you would like to register a Trademark in Afghanistan, you may find out more about the process by reading the Trademark Registration Frequently Asked Questions.
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