Effect Of Non-Use Of A Trademark In Uzbekistan

• Published date: 02 April 2024
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Settle Law Firm
• Author: Mr Jamshid Agzamkhadjaev

This article will discuss the features of using trademark and consequence of non-use of a trademark in Uzbekistan. It should be emphasized that failure to use a trademark in Uzbekistan can have serious consequences both for the owner of the trademark itself and for the business. A trademark is an important element of a company's branding and marketing, and therefore, failure to use a trademark can lead to several negative consequences.

Types of trademark use

In Uzbekistan, like in numerous countries globally, exclusive rights to use a trademark arise from the moment of its state registration. A trademark can be used in various areas of business for distinguishing goods and services across different commercial sectors. Types of trademark use are separately regulated by the Uzbek law on trademarks, according to which the use of a trademark is considered applying it on the goods and (or) on their packaging, for which the trademark registered.

One of the important rules is that the trademark must be used by the trademark owner himself, or by another person who has the right to use the trademark based on a license agreement. This provision of the law sometimes complicates the work for foreign manufacturers as their trademarks are often used by different divisions of large corporations who are not licensees.

Another important point is the possibility of trademark use in advertising, official documents, domain names and other sources without applying it on the product. However, the question of whether such use of a trademark is considered as proper use remains unsolved. Acceptance of such use depends on actual circumstance that are related with intention of right-holder to use the trademark.

Grace period

Trademark registration does not oblige the owner to use the trademark, however, failure to use the trademark could be used as a ground for its early cancellation if any third party brings the case to the court. Non-use cancellation often arises in cases where certain applicants come across the provisional refusals from Patent Offices regarding the similarity of their trademarks with registered trademarks.

According to the current legislation of...