The Trademark Law and the Penal Code.
Afghanistan follows the ‘first to use’ system for the protection of trademark rights.
The trademark registration procedure set out by the Ministry of Commerce and Industry.
Trademarks are composed of figures and signs used to distinguish industrial, commercial, agricultural and farm products, such as designs, pictures, letterheads, signatures, words on the margins of textiles and cover signs.
A trademark must be capable of distinguishing and differentiating the merchandise or manufactured and agricultural products of the trademark owner, or the products of a particular area.
- Figures and signs which are not capable of distinguishing industrial, commercial, agricultural and farm products; and
- Figures and signs which are against the public order or Islamic teachings.
The Afghanistan Central Business and Intellectual Property Registry (ACBR-IP).
All official fees, including filing fees. The publication fees and registration fees are $100 in total.
Yes.
Class-wide application are allowed; and the applicant can also identify the relevant goods or services in the application if preferred.
Yes.
Yes.
In addition to relative grounds for refusal, a trademark application may be refused based on absolute grounds for refusal (please see question 3.8).
Yes. A mark that is contrary to public order is ineligible for registration. Moreover, a mark must not be similar to Islamic signs such as masjid, mihrab or minbar.
No.
Yes, a third party can object to the ACBR-IP, even if the trademark has not been published.
No.
One month.
Two months.
The applicant can appeal to the Afghanistan Central Business and Intellectual Property Registry (ACBR-IP) within 15 days of the date of issuance of the official rejection letter.
The applicant must file a petition with the ACBR-IP within 15 days of the date of issuance of the official rejection letter.
The applicant can appeal the review decision of the ACBR-IP to the relevant commercial court by filing a petition with the commercial court.
After publication of the trademark in the Official Gazette, any third party can oppose it.
Any party that believes the trademark for which registration is sought is similar to its own registered trademark or a trademark that it already uses.
Within 21 working days of the date of publication in the Official Gazette.
The Trademark Office Department of the Afghanistan Central Business and Intellectual Property Registry (ACBR-IP).
The party seeking to oppose the trademark must file a petition with the ACBR-IP within 21 working days of the date of publication in the Official Gazette.
If the applicant does not cancel the application in response to the opposition, the opponent must file suit in the commercial court within 30 days.
Well-known trademarks which are not registered are protected in Afghanistan.
- Ownership; and
- Protection against infringement and imitation.
All kinds of trademarks are registered by the Afghanistan Central Business and Intellectual Property Registry and the same rights apply to all kinds of trademarks.
- Serving legal notice; and
- Filing suit before the commercial court.
- Serving legal notice; and
- Filing suit before the commercial court.
Yes; any harm can be proved by the claimant before the commercial court.
The claimant must file a written petition with the commercial court and the commercial court will prosecute the case.
- Prior use;
- Differences in the relevant goods and services;
- Different audiences and customers; and
- Honest and good-faith use.
A party which is dissatisfied with the verdict can appeal to the upper court by filing a petition.
A trademark is registered for 10 years and can be renewed for multiple 10-year periods.
An application for renewal must be submitted in the six months prior to the expiry date.
- Similarity of the registered trademark;
- Risk of confusion and deception; and
- Non-use for a period of three years.
The Afghanistan Central Business and Intellectual Property Registry cannot cancel a registration on its own initiative.
Filing a petition with the commercial court.
Filing a petition with the upper court.
Currently there is no such requirement in Afghanistan.
Yes.
The trademark owner can cancel a licence at any time.
The following unregistered foreign marks may be enforced in Afghanistan:
- well-known marks; and
- marks which are included in the Global Brand Database of the World Intellectual Property Organization.
Yes.
