Peculiarities of trademark protection relating to drugs in Uzbekistan
- Trademark registration.
When registering a trademark, it is recommended to submit separate applications for general view of the package, the title and design of the package. Given that in Uzbekistan there are frequent cases of copying well-known medicines, each unique part of the package should be protected. Otherwise, the trademark may be fully or partially seized by unfair competitors.
- Non-use of trademark
A trademark may become vulnerable for cancellation if it is not used. The trademark owner has a three-year grace period for non-use of the trademark.
If the trademark has not been used within three years from the date of registration, any interested party can apply to the court and demand early termination of the trademark.
Therefore, it is recommended to take measures to use the trademark properly.
A trademark must be used by the trademark owner himself. Trademark "use" is meant the application of the trademark on the goods. In cases where the manufacturer of the goods and the owner of the trademark are different companies (even if they are affiliated) it is recommended to conclude a license agreement for the use of the trademark.
- Types of trademark use.
In addition to the basic concept of "use" of a trademark, trademark can be “used” on the following ways:
- use of a trademark in marketing activities (in printed publications, on official letterheads, signs and etc.);
- use of a trademark when displaying exhibits at exhibitions and fairs;
- applying a trademark on documentation related to the sale of goods;
- use of the trademark in a domain name.
In case when the right holder does not have a chance to use trademark on labels of goods, the above-mentioned types of trademark use can minimize the risk of cancellation of the trademark.
- The territory of the trademark.
The scope of trademark registration is territorial. Only trademarks registered (i) under the national procedure through the authorized body or (ii) under international application through WIPO (World Intellectual Property Organization) including the territory of Uzbekistan are valid in Uzbekistan.
Trademarks registered in the territory of other countries are not protected in Uzbekistan.
5. Protection of the trademark.
The right holder can use various methods to protect a trademark from unauthorized use (counterfeit):
- prohibit the production and sale of counterfeit (any type of turnover);
- demand the seizure and destruction of counterfeit goods;
- demand compensation in the fixed amount, as well as lost profits in the amount of income received by the infringer from the sale of the counterfeit goods.