Trademark registration in Uzbekistan for pharmaceutical products
When registering a trademark for pharmaceuticals in Uzbekistan, it is recommended to file separate applications for each element of the packaging: the overall appearance, name, and packaging design. Given the frequent cases of copying well-known brands in the pharmaceutical industry in Uzbekistan, each unique part of the packaging should be protected. This helps prevent unfair competition and trademark infringement by competitors.
Risk of trademark cancellation in Uzbekistan due to non-use
Uzbekistan’s legislation allows for the cancellation of a trademark if it is not used within three years of registration. Any interested party may file a lawsuit to cancel the trademark if they prove that it has not been used. Trademark owners in Uzbekistan must ensure its use in commercial activities to avoid cancellation.
If the trademark owner and the manufacturer of the pharmaceutical product are different entities (even affiliated companies), it is recommended to conclude a license agreement for the use of the trademark in Uzbekistan to meet legal requirements.
Types of trademark use in Uzbekistan
In Uzbekistan, a trademark can be used in several ways:
- Application of the trademark on pharmaceutical products;
- Use of the trademark in advertising campaigns (printed media, websites, official documents);
- Participation with the trademark in exhibitions and trade fairs in Uzbekistan;
- Use of the trademark in domain names.
Even if the pharmaceutical product is not yet being sold in Uzbekistan, actively using the trademark in these ways can help avoid early cancellation.
Territorial protection of trademarks in Uzbekistan
Trademark registration in Uzbekistan is only valid within the country’s territory. In Uzbekistan, trademark protection can be obtained either through a national procedure or via an international application through WIPO, designating Uzbekistan as the country of protection. Trademarks registered in other countries are not automatically protected in Uzbekistan without proper registration.
Trademark protection in Uzbekistan against counterfeiting
Trademark owners in Uzbekistan have the right to protect their brands from counterfeit products through the following measures:
- Prohibiting the production and sale of counterfeit products in Uzbekistan;
- Seizing and destroying counterfeit goods;
- Claiming compensation for damages and lost profits.
Trademark registration procedure in Uzbekistan
Registering a trademark in Uzbekistan involves several steps:
1. Conducting a search in the trademark database in Uzbekistan to ensure uniqueness;
2. Submitting an application to the Uzbekistan Patent Office with the required documents and paying state fees;
3. Undergoing an examination, and after successful approval, the trademark will be published and registered.
Registering a trademark for pharmaceutical products in Uzbekistan is a crucial step for protecting a brand and preventing unfair competition. Given the specifics of Uzbek legislation, it is recommended to file proper applications and actively use the registered trademark to avoid its cancellation. Using the trademark in advertising, on packaging, and in commercial activities, as well as concluding licensing agreements when necessary, will help strengthen brand protection, while trademark owners can also utilize legal measures provided by the legislation to combat counterfeit products and protect their interests within the country.