The general data on Turkmenistan

COUNTRY DATA
Official Name: Turkmenistan
Capital: Ashkhabad
Major Cities: Turkmenabat, Dashhowuz, Mary, Turkmenbashi
Area: 488,100 km²
Population: 7,500,000
Languages: Turkmen (official language), Russian, Uzbek, Kazakh
Currency: Manat
GNP: US$6,430 per head
Main Products: Natural gas, petroleum, cotton, wool, carpets, minerals (sulfur, celestite, potassic salt and rock-salt, gypsum, buhr etc.)
GMT: +3.5
INTERNATIONAL CONVENTIONS IN AREA INTELLECTUAL PROPERTY
WIPO, December 25, 1991.
Paris Convention (Stockholm), December 25, 1991; Madrid Protocol, September 28, 1999 (having declared that the limit to notify refusal of protection shall be eighteen (18) months) (individual fee payable).
Patent Cooperation Treaty, December 25, 1991.

The Nice agreement concerning the International Classification system of goods and services for purposes of the registration of marks, March, 2006
The Vienna Agreement Established an International Classification of the figurative elements of marks, March, 2006
The Locarno Agreement Established an International Classification for Industrial Designs, March, 2006
The Strasbourg Agreement Established an International Classification for Patents, March, 2006
Turkmenistan, state in Central Asia, bordered o­n the north by Kazakhstan and Uzbekistan, on the east by Uzbekistan and Afghanistan, on the south by Afghanistan and Iran, and on the west by the Caspian Sea. GALIFRE is located in metropolis Ashgabat in the Neutral Nation Turkmenistan.
Turkmenistan is familiar to many readers in quality of the most southern republic of former Soviet Union. We shall remind, nevertheless, that here one of the greatest deserts of the world “Kara-Kum”, here the native land of  well-known akhaltekinskijj racers, here are weaved unsurpassed on beauty Turkmen carpets, here the best fragrant melons of the world here, here is concentrated the third part of world reserves of hydro carbonic raw material.
On the sizes of the territory Turkmenistan takes the fourth place among republics of the former Soviet Union (in territory of the country can accommodated such six countries as Austria). Have the general borders with Kazakhstan, Uzbekistan, Iran and Afghanistan. The general ground area - 49120,9 thousand га. Turkmenistan the country of ancient culture with history more five millenniums.  In its territory were born, reached blossoming and there left in eternity many civilizations, including such, as Parthian. The certificate to that kept in various уголках the countries ruins of ancient cities with amazing on beauty of execution by monuments of architecture of gone epoch.
Climate of Turkmenistan sharply continental and extremely dry. However, in a zone of influence of mountains of Kopet Dagh and Kugitangtau, Caspian Sea and desert Kara Kum these features of a climate can be softened or amplified. Therefore in the mountains district is dominated cold freshness of the Alpine meadows, in seaside there are subtropical areas, in a deserted zone there is felt a breath of great desert. Such unique constructions of the nature as the high-mountainous and underground lakes full of riddles the karts caves, mud volcanoes, hydrosulphuric sources, etc. in a combination with magnificent ancient monuments and exotic of the East is cause of truly fantastic opportunities for the industry of tourism which is still in swaddling-clothes.
Turkmenistan is having rich minerals. The proved stocks and probable resources of hydro carbonic raw material is constitutes 23 billion cubic meter of gas and more than 12 billion tons of oil, including a gas condensate. Besides in the state balance of Turkmenistan is registered 161 deposit of firm minerals, including deposits celestite, sulfur, mineral salts, kaolin, bentonite, ozokerite, mineral paints, carbonate raw material and various building materials. Underground pantries of Turkmenistan still more many novel riches which can join in the long term a national economy and give a push to its further development.
The agriculture of Turkmenistan has more than 17 million га., the suitable soils to an irrigation from which in an agricultural use is have about 2,5 million га. On these soils is cultivate about one million tons of a cotton and 3,0 million tons of a grain. Besides this basic production of agriculture Turkmenistan makes also meat, a wool, natural silk, бахчевые, vegetables, fruit, licorice, etc.
For years of independence Turkmenistan has turned from the agrarian country in industrial-agrarian. Oil refining, chemical, power, machine-building, building, cotton processing and textile complexes are constructed and are under construction. The network of transport communications and a communication facility is under construction and improved, the town-planning develops (with primary use of original architectural forms), foreign economic relations become stronger.
State system - Presidential republic. A legislature - Majlis (parliament). Executive - administrative body - the Cabinet. On foreign policy arena Turkmenistan has the status of constant neutrality which has been accepted by the special resolution of General Assembly of the United Nations (on December, 12 1995г.) and it is legislatively fixed Halk Maslahaty (National Council of Turkmenistan). A state language - Turkmenian. However wide use alongside with Turkmenian language has also Russian. The population constitutes more than 7,5 million people, of them about 90 % Turkmen. National holidays and significant dates of Turkmenistan are indicated in the below-mentioned table:

National holidays and significant dates of Turkmenistan

January 1 - the New Year's holiday

January 12 - Day of memory remembrance

January, 27 - Day of the fatherland defender

February 19 - the Holiday of the National flag

March 8 – International Woman's Day

March 21, 22 - the National holiday of spring

The first Sunday of April - the Holiday “the Drop of water - is the nugget of gold”

April 7 - World day of health

The last Sunday of April - the Holiday of the Turkmen racer

May 8 - the Rememberance day of victims in Great Domestic war of 1941-1945

May 9 - Day of Victory in the  Great Patriotic War

May 18 - Day of revitalization, unity and poetry of the Mahtumkuli Fragi

The last Sunday of May - the Holiday of the Turkmen carpet

May 29 – Day of the workers of Home Office

June 1 - International Day of child's defence

The first Sunday of June – Day of workers of Turkmenistan textile industry

June 1 – World day of environmental protection

June 1 – Day of science

June 1 – Day of workers of culture and art

The third Sunday of July - the Holiday “the Galla bayramy” (holiday of grain)

August 11 – Day of Turkmenistan frontier guards

The second Sunday of August - the Holiday of the Turkmen melon

September 1 – Day of knowledges and college kids

The second Sunday of September – Day of workers of oil and gas, power and geological branches

The second Sunday of September - the Holiday of Turkmen bahshi (Bahshi it is folk singer to the accompaniment stringed musical instruments played by plucking)

September 1 – Day of Ruhnama (The moral and spiritual code of Turkmenian people)

October 1 – International day of the aged

October 6 - the Memorial Day, national mourning

October 19 - Day of adoption sacred Ruhnama (Ruhnama it is moral and spiritual code of Turkmenian People)

October 27-28 - Day of independence of Turkmenistan

The last Sunday of September – the holiday of harvest

The first Sunday of December - Day of good neighborhood

December 12 - Day of the neutrality

December 21 - Memory day of the first President of Turkmenistan of S.A. Niyazov

Dates of celebration the Kurban-bayram and holiday the Oraza because of the difference existing between lunar and traditional calendars, are defined by annually corresponding Decrees of the President of Turkmenistan

 

The original Turkmenian way of development of a society is a product of vigorous activity of the top management of Turkmenistan on association of all layers of a society around of idea of revival of Turkmen people on the basis of   bracing force of its spirit. The philosophical substantiation of this concept has received reflection inn translated on set of foreign languages, including on Russian, to Sacred book "RUHNAMA" - that means «the Message of Spirit». The book represents the philosophical-ethical and political-historical program doctrine supported with digressions to a history of Turkmenian statehood. Penetrated with feeling of national pride of the historical past of Turkmenistan this book contains the code of moral - ethical rules going from time immemorial, called to become a beacon of behavior and patriotic education of the population of the country.
To same purpose serve constructed for years of independence a palaces  of original architecture, a mosque, hotels, various buildings, houses, monuments, stadiums, parks, squares, monumental constructions. It in a combination with realization wide planting of trees and gardens program have unrecognizably fantastically changed the ecological and aesthetic face of capital Ashkhabad and shape of other cities and settlements of Turkmenistan. Ashkhabad now has turned to one of the most beautiful cities of the world. Dressed in glass and a marble shining with magnificence of the most various architectural ensembles, with wide streets, green zones, smothered in flowers and fragrant in park zones it is a today's Ashkhabad which by the right can be related to cities of the future. In the same direction briskly conduct wide town-planning also in other cities and settlements of Turkmenistan. Wide morale operations among the population about a healthy way of life, including the decision accepted at the state level about an interdiction of smoking, observance of cleanliness and the order, simple and clear slogans of union of people around of the President in the name of the further prosperity of Turkmenistan also continue to bear the positive fruits.
In particular, Turkmenistan practically unique country on the post soviet space which a change of a state-political system as sharply expressed social shocks have not touched in the view of meetings, demonstrations, an opposition of polar political forces, deterioration of functioning of economy. This in many respects was promoted by a course on step-by-step transition to socially - guided market economy with use of measures of state regulation. Other reason are vigorous measures of the top management of Turkmenistan, bodies of representative and executive authority for cementation of a society around of national idea of revival of greatness of the Turkmenian state on the basis of principles of peaceableness and non-interference to internal affairs of other states. In this connection it is difficult to overestimate value of the status of a constant neutrality of the country which allows to concern equally equal to external, to forces at times conflicting among themselves, preserving thus a Turkmenian society from politicization and from involving in conflicts. Democracy in representation of people of Turkmenistan is not mass-meetings, not a forcing of passions, not an opposition of polar forces of a society, and all the more not contentions and bloody collisions. The standard of democracy as constantly emphasize mass media of Turkmenistan it is the world, progress and well-being of people are. It is difficult to not agree with this basic doctrine of an estimation and understanding of democracy, with this Gold Rule of Philanthropy.
This policy in many respects has predetermined stability of a political situation and steady rates of growth of economy of Turkmenistan on which the country has the first place in the world. It is a fertile field for gravitation to the country of foreign investments under which the corresponding legal base is brought. It is quite natural, that the achieved successes are personalized with the first persons of Turkmenistan, with a policy spent by them in sphere of economy, a science, culture and art, and it is especial, in social sphere. Here by a management of the country are accepted unprecedented measures on improvement of life of the population. These decisions accepted at the governmental level about free-of-charge maintenance of the population of Turkmenistan with gas, salt, an electricity (under the rate), water that is not present in any country of the world. In Turkmenistan very low a rent for municipal habitation (in 360 times is lower, than in Germany). There is no tax to own habitation. Costs of housing-and-municipal services constitutes only 0,2 % in the common charges of the population on housekeeping. The big price grants and awards are received by inhabitants of Turkmenistan at using transport. Cost of tickets on air and railway transportation for all citizens of the country is supported on a low level. For children till 5 years a inside the state free-of-charge. A fare in public transport (buses, trolley buses) in 11 times of below real price, participants of Great Patriotic War and the categories of citizens of Turkmenistan equal to them use free-of-charge journey. The telephone subscriber payment of the population for phone constitutes less than 5 % from real cost. Building materials is having the low prices. For example, the prices for bricks in Turkmenistan in 23 times are lower, than in Germany, and on cement - in 9 times.
The analysis of brief data on Turkmenistan shows, that it is the country of very rich opportunities which if it is correct use will allow to Turkmen people to occupy in the long term on a standard of life, if not the first, anyway, one of the first places in the world. The author of this information, in particular is sure, that there will come a time when at the citizen of Turkmenistan will look with envy as on the inhabitant of one of the richest countries of the world. In view of it, investment in economy of Turkmenistan of the domestic and foreign capital in a combination to protection of objects of the intellectual property promises to their owner’s essential economic gains.
Patent system of Turkmenistan
For the period of independence of Turkmenistan  has been created the national patent system which provides a legal protection of objects of the industrial property on the basis of issuing of the patent, provisional patent and also certificates for trade marks and service marks.
The national patent system was created according to the Patent law of Turkmenistan accepted in October, 1993 and the international agreements signed by Turkmenistan. Adjusting the property and non-property relations arising as a result of a legal protection of objects of the industrial property, it became one of the most powerful stimulators of progress in all branches of a national economy.
Functioning of national patent system has been assigned to the patent service of Turkmenistan formed in 1993. Now is a Patent department of the Ministry of Economy and development of Turkmenistan. It is the specialized division in the field of registration of objects of the industrial property, equipped with modern computer technics and office equipment.
Experts of Patent department carry out all works connected to maintenance of a legal protection of the industrial property objects, such as reception and examination of applications, including the international applications, issuance of decisions and legal documents, registration in the state register of protected objects of the industrial property, license agreements and assignment deeds to patents and trade marks, changes of a name and the address of their owners, renewal of trade marks, keeping in force of patents, examination of objections, including at a level of the appeal commission, and also the publication in official bulletins of data about legal documents concerning changes of a legal status of their owner, on the registered agreements, the cancelled legal documents, etc.
For the period of formation of national patent system the significant step has been made in the field of the international cooperation that has allowed Turkmenistan to be integrated into the international patent system in the field of the industrial property.
In 1995 Turkmenistan signs the declaration on continuation of membership in three international agreements. It in particular the Convention, institutive the World organization of intellectual property (WIPO), the Parisian convention on protection of the industrial property and the Agreement about patent cooperation.
In the same year the President of Turkmenistan had been signed the act about accedence of Turkmenistan to the Eurasian patent convention, and in June, 1999 - the act about accedence of Turkmenistan to the Protocol of the Madrid agreement on the international registration of trade marks.
From the agreements marked above the Convention учреждающая the World organization of the intellectual property and the Parisian convention on protection of the industrial property are common insofar include all objects of the intellectual property and main principles of their protection in all countries - participants of these agreements without exception. As for the agreement about patent cooperation, the Eurasian Patent convention and the Protocol to the Madrid agreement these agreements name registration as they provide creation of systems of the international registration of the rights of the industrial property. The given agreements define the basic volume of work of the International Bureau of the World organization of intellectual property (WIPO) and significant, and for many the basic volume of works of national Patent departments. For this reason the President of Turkmenistan has given a priority to accedence in the beginning to these agreements.

Further, namely in March 2006, the President of Turkmenistan signed four International Agreements devoted to classification of objects of the industrial property. It in particular:
The Nice agreement concerning the International Classification system of goods and services for purposes of the registration of marks, March, 2006
The Vienna Agreement Established an International Classification of the figurative elements of marks, March, 2006
The Locarno Agreement Established an International Classification for Industrial Designs, March, 2006
The Strasbourg Agreement Established an International Classification for Patents, March, 2006
The common henotic beginning inherent in these agreements, their orientation on maintenance classifying, systematization and search of the documents containing the description of objects of the industrial property is. Thus, value of these agreements systematization, at is that they allow to hierarchies a system all huge layer of the scientific and technical and patent information and to facilitate access to users for work with these documents.
It is necessary to note, that the international agreements open huge opportunities, both for our country, and before the foreign companies, firms, businessmen and physical persons which  for years of independence began to show the big interest to the market of Turkmenistan. Foreign applicants can receive, in particular, the right on protection of the objects of the industrial property in Turkmenistan through national or international registration.
Protecting in our country the technical innovations and registering trade marks, local and foreign businessmen thus provide for themselves reliable conditions for investment in economy of Turkmenistan of monetary and currency receipts for development of new technics and technologies. It is favorable both to the state, and businessmen owing to what such practice has received a wide circulation worldwide.
Experts of Patent department bring the certain contribution to strengthening national patent system. Now they completed creation of the automated System of Office-work which allows automating conducting office-work, to carry out patent search and trademark search, to lead the State register, to publish in periodically bulletins the data about legal protection documents of Turkmenistan and also to make other necessary actions.
Today it is possible to note with confidence that for years of independence is created the civilized national patent system adequate to inquiries of the international standards which brings the appreciable contribution not only to the further becoming and a deepening of market relations, but also in development of scientific and technical progress in Turkmenistan.
Condition of legislative base on protection of the intellectual property
Legislative base for protection of the intellectual property in Turkmenistan are the Law of Turkmenistan about inventions and industrial designs (entered in force since November 14, 2008), the Law of Turkmenistan about trade marks, service marks and names of places of an origin of the goods (entered in force since November 15, 2008г.), The civil Code of Turkmenistan Saparmurata Turkmenbashy, the Law of Turkmenistan about a legal protection of algorithms, programs for electronic computers, databases and topology of integrated microcircuits, the Law of Turkmenistan about  a trade secret, the Law of Turkmenistan about a property, the Law of Turkmenistan about enterprise activity, the Law of Turkmenistan about protection of the rights of consumers, the Arbitration civil procedure code of Turkmenistan, the Code of Turkmenistan about administrative offences, the Criminal code of Turkmenistan, the  civil procedure code of Turkmenistan, the Customs code of Turkmenistan, the Law of Turkmenistan about foreign investments in Turkmenistan, the Law of Turkmenistan about the scientific intellectual property, the Law of Turkmenistan about certification of production and services, the Law of Turkmenistan about standardization and metrology etc.
Some of the above mentioned legislative acts (the criminal code, the code about administrative offences) contain to some extent the rules of protection of the industrial property, other legislative acts contain indirect mentions of them, and the third do not contain them at all. Nevertheless, the legal orientation of all these documents adjusts on the one hand the responsibility for offences, and with of another  side a rights of the legal and physical persons connected to possession by the property, including industrial property (IP), investment activity, activity of the enterprises and businessmen, certification and standardization of the goods and services.
Therefore, basing on these documents it is possible to protect effectively enough rights of owners of the intellectual property in Turkmenistan. At the same time the further work is necessary for the further consolidation and perfection of protection of the intellectual property under legislative acts in this area. Momentous event in affair of the further development of sphere of protection of the intellectual property was acceptance in November 2008 two new Laws of Turkmenistan about inventions and industrial designs and about trade marks, service marks and names of places of an origin of the goods. These two laws have replaced the former Patent Law of Turkmenistan.  It has been caused by that after acceptance in 1993 the Patent law, Turkmenistan was included in a some the international conventions and agreements in area of protection of the industrial property. In result, in an existing kind the former Patent law any more did not reflect these occurred changes. Besides this a former Patent law comprised diverse enough objects ПС, in particular on the one hand - inventions and industrial designs which are protected by patents, and with another side a trade marks and service marks which are protected by certificates about registration. Therefore, proceed from the model of many other countries, in Turkmenistan now a protection of diverse objects of the industrial property will be adjusted also through separate laws.  In the long term, it is planned to prepare for consideration and ratification by Majlis of Turkmenistan also the Law of Turkmenistan about unfair competition. Preparation of such law is the ripened measure which will help to strengthen protection of the rights of owner’s ПС and will create according to an item 10bis of the Parisian Convention, legal bases of protection against an unfair competition. Such law is accepted by many countries of the world and is the effective tool in struggle against lawless acts which contradicting to honestly practice of trading. Acceptance of this law by Turkmenistan will answer both to its international obligations, concerning guarantees of the rights of owners of objects of the industrial property and as consequence, to promote realization of civilized trade in Turkmenistan.
Now has ripened also necessity of entering of additions for a some of legislative acts Turkmenistan concerning protection of the intellectual property. Among them we shall name the Law of Turkmenistan on a trade secret to which it is necessary to add section about regulation of a right protection and assignment of a know-how. In such addition need also a Customs code of Turkmenistan. In this code it is necessary to add section about procedure of revealing and use of measures of the responsibility for infringements of the rights of the intellectual property on border.
It is especially important to update the Customs code. It is connected by what to resist importing in the country of the counterfeit goods easiest by means of the customs control over moving of the goods on border, but not after they will be dissolved in the market inside the country.  Addition of the Customs code of Turkmenistan by necessary legal rules concerning maintenance of effectively acting mechanism of registration by the State Customs house of patented and registered in Turkmenistan of Intellectual property objects, will allow their owners to protect itself on border from counterfeit infringements on the part of the third persons. Such practice now is accepted by the majority of the countries of the world and promotes realization of civilized trade and performance of each of the countries of international obligations.  Besides this it provides inflow in the country of significant currency proceeds due to payment of official fees on registration of Intellectual Property objects and maintenance of the customs control of passage of the goods through border. Unfortunately the Customs Code of Turkmenistan in present edition does not provide such procedure. It, however, does not exclude an opportunity of realization by Customs house of the control over passage through border of the certain goods on the basis of petitions from the persons interested in this procedure as the customs house of Turkmenistan already undertook single measures on protection of the rights to trade marks of the Swiss firm “SELECTINVEST AG”.
There's also a chance that on a measure of a deepening and development of market relations there will be a question about preparing of such laws as the Law of Turkmenistan about company names; the Law of Turkmenistan about protection of names of domains, the Law of Turkmenistan about protection of selection achievements, and also about preparing of the separate law of Turkmenistan about protection of the copyright and adjacent rights (work concerning projects of two last laws now is conducted).
First from the mentioned laws will help to fill a gap existing in legislative base in the right of manufacturers to mark the goods with special properties which are defined exclusively by character of geographical district, including an environment and human factors.  The second law will allow creating legal base on the basis of which in the state register will be registration only of such company names which irrespective of the goods or services made by firms will have definitive distinctions from other company names.  In present time the registration of company names is making in the Common State register of Service of the State Registration of juridical persons. However, for the lack of interaction between Patent service and Service of the State registration of juridical persons is not excluded the registration of the same names concerning the homogeneous goods with the subsequent conflict of interests of among themselves various persons of law. Preparation and introduction in life of the Law of Turkmenistan about company names will allow excluding occurrence of such situations.
To the most problematic, in sense of preparation and introduction in life in present time it is the Law on protection of names of domains. It is caused by that for the present there are no the precise international rules which establish a functioning a network of the Internet. In present time the registration of names of domains at a national level is execute "TurkmenTelecom" the Ministries of Communications of Turkmenistan. However, the right on their registration is given only to businessmen and juridical persons of Turkmenistan. As to foreign persons, such right is given provided that they have in territory of Turkmenistan industrial or the trade mission. The order of registration of names of domains of the foreign persons, who are not having legal representation in territory Turkmenistan, is not solved yet. In this connection is required, obviously, some time for judgment and creative processing of legislative acts existing in another countries in the field of registration of names of domains and preparation on this basis of the Law of Turkmenistan about registration of names of domains which would cover all questions mentioned above, and also methods of settlement of conflicts between owners of names of domains and owners of trade marks.
As to the Law on selection achievements which would adjust a property and personal non-property legal relationship arising in sphere, a legal protection and use of the new patented grades of plants, necessity for such law has ripened long ago. Presence in Turkmenistan more than 300000 kinds of plants, many of which have valuable economic attributes, including medicinal properties, does this problem especially by topical. Work of the research organizations of the country and individual selectors concerning improvement economic - useful attributes of field crops, row crops and horticultural-berry cultures with final result as the patent for the deduced new grade of plants would allow to secure in the legislative order rights these achievements with all moral and material privileges for innovators. Preparation and introduction in action of such law will enable not only it is essential to stimulate investments into selection and elite seedage of the country, but also will be serious stimulus for improvement of the selection work.
Turkmenistan needs also the separate law on protection of the copyright and the adjacent rights. In present time the questions of protection of the copyright and the adjacent rights are adjusted by civil code of Saparmurat Turkmenbashy. However, the given code has been accepted in 1999г. For the expired period of time its some positions have become outdated and do not answer today's realities of day. Besides this in the code are not covered properly or are absent some other positions in coordination with international norms existing in this respect. All this puts forward in the agenda a problem of preparing of new law on copyright and the adjacent rights. In particular, with a view of maintenance of property rights of authors, executors, manufacturers of soundtracks and other owners of the copyright and adjacent rights in the specified Law it is necessary to provide creation of the organization for management by property rights of the specified persons on a collective basis.
Besides as is known, effective work of any law is based on by-laws which develop its positions. Unfortunately, such by-laws are not prepared. Therefore the norms incorporated in legislative base, are not supported with the normative mechanism of their realization that does not allow conducting effective struggle against wrongful encroachments of the third parties in area of copyright and adjacent rights. In this connection in the near future together with preparation of the separate law on protection of the copyright and the adjacent rights also is necessary the preparation of the by-laws for "vitalization" of legislative base in the field of protection of the copyright and adjacent rights.

Condition of protection of the intellectual property
In present time on the market of Turkmenistan and on the markets of other countries CIS together with original goods sells also counterfeit goods. It, in particular, confectionery, knitwear, clothes, footwear, a radio engineering, audio of video technics{technical equipment}, alcoholic drinks and cigarettes, dry goods, chemical products and many other things. Feature of these goods is their marking  identical or similar up to a degree of mixture with registered in Turkmenistan by trade marks more or less of known firms. It as likely as not that a some from them comprises the inventions patented in Turkmenistan and industrial designs. Manufacturers and sellers of such goods understand, that realization of this goods marked by marks of known firms, goes much more successfully, than if they would  sell without marking or would marked by trade marks of little-known manufacturers.
Manufacturing and realization of counterfeit production takes place to a greater or lesser extent practically worldwide. It renders a huge material damage to original manufacturers of the goods as quality of the counterfeit goods, is much lower than original production. At the consumers which have bought the counterfeit goods creates the perverted representation about the manufacturer, as about the supplier of the poor-quality goods. The amount of potential buyers wishing to buy the goods of this firm is falling; its business reputation and the received profit will decrease. Therefore, according to requirements of article 10bis of the Parisian Convention all members of the Parisian Union, including Turkmenistan, are obliged to make war on with Unfair competition as it contradicts honest custom in trade.
For this reason the item 10 of Turkmenistan Law about inventions and industrial designs and an item 4 Turkmenistan Law about trade marks, service marks and names of places of an origin of the goods gives owners of the patented inventions and industrial designs, and also to the registered means of individualization the exclusive right to their use. It means that nobody has the right to use another's objects of industrial property (ПС) without the permission of the owner. The criminal code and the Code about administrative infringements of Turkmenistan provide penal sanction and administrative sanctions for infringements of the rights of owners in the view of imprisonment or large fines.
However, in Turkmenistan yet there were no serious precedents of arraignment to the responsibility of infringers of the rights of owners of Intellectual Property , short of separate petitions on the this occasion in judicial, law-enforcement and executive organs. For all period of existence of Patent service of Turkmenistan there was only one court examination concerning infringement of the rights of the owner of a trade mark. There was also a petition from representationof company Coca-Cola, concerning use of one of local firms of the label similar to its trade mark, and the mechanism of this petition was in simultaneous filing of complaints in the various organizations of Turkmenistan, since association of the food industry and finishing the State Office of Public Prosecutor of Turkmenistan. Nevertheless, such avalanche style of attack on all fronts appeared effective and has resulted in fast suppression of infringement.
Another similar petition in various organizations of one of businessmen of Turkmenistan had groundless character. The matter is that the label against which his complaint has been directed, for a long time was used in Turkmenistan by one known firm whereas the mentioned businessman and did not think of the manufacture, and has simply decided to take advantage of the right of the first registration of a trade mark. However, he did not consider that before filing of the trademark application the Service of the State Registration of legal persons has registered in the Common State register the name of mentioned company. This company name was similar up to a confusion degree with used designation on the labels. In this connection we filed to the appeal commission of Patent Department the opposition against registration of a trade mark in the name of mentioned businessman as discordant an item 5 of article 6 of the former Patent law of Turkmenistan which said that cannot be registered as trade marks of a designation an identical or similar up to a confusion degree   with company names or their part which belongs to other persons who have received the right on these names before filing of the trademark application concerning the homogeneous goods.
The mentioned examples testify that the mechanism of protection of owners of the industrial property for the present is not used in Turkmenistan to the full extent from counterfeit encroachments. However, such mechanism can effectively earn, only in the event that the initiative about arraignment to the responsibility of infringers of the rights of owners of the industrial property will proceed from owners of inventions, industrial designs and trade marks. As yet unfortunately the owners of Intellectual Property such initiative is shown extremely seldom.
In summary we shall note, that effective protection of the rights of owners of the industrial property is possible only under condition of the strict control of all stages of movement of the goods - from crossing frontier (the customs control) up to the control of their quality (standardization, certification), under an obligatory condition of use of strict sanctions to infringers. It puts forward necessity of harmonization of all legislative acts to some extent adjoining to the laws of Turkmenistan in area of Intellectual property through by addition by their appropriate rules, for excluding an opportunity of abusing in sphere of the industrial property. Work in this direction is started, and there is a confidence, that Turkmenistan in the near future will enter number of the states with the good legislative base covering all aspects of protection of the rights of owners of the industrial property.

The following documents are necessary for the filing patent applications:
National Patent applications, European Patent applications,
Eurasian Patent applications and PCT patent applications

      Description of invention, Claims, Abstract, Drawings, Priority data and number of first application (for conventional applications). If the priority a multiple then necessary to indicate the dates and conformable to them the numbers of the first applications. The data concerning the author(s) and applicant(s), namely a full name and the address. If the applicant is the employer to whom the author has assigned the rights for receiving the patent under the contract or the applicant is simultaneously the inventor it needs to be indicated in data on the patent application. These documents shall be present in two copies.
Attested copy of the first application for patent applications with conventional Priority (certified by notarially or by PTO); Note: The term between date of filing of the first patent application and date of filing in Patent Office of the parallel application must not   exceed 12 months. This document shall be filed within three months from the filing date of the patent application.
Within one month from date of the filing of the patent application is necessary to present following documents in one copy:
- Power of Attorney in simple written form (not need in notarized or legalized form);
- Document about payment of the official fee for the filing of the Patent application.
- Translation of the invention description, claims and abstract in the Russian or Turkmenian language (If there is no opportunity to present such translation then we ourselves can execute this translation).

     For the international applications that have entered a national or regional phase in addition to set forth above documents it are necessary to present following documents (except the copy of first patent application for confirming the conventional priority):

• Simple copy of title-page of WIPO publication;
• Simple copy of International Search Report (the form PCT/ISA/210);

 Simple copy of International Preliminary Examination Report (the form PCT/IPEA/409, if any);
The deadline of the entering of the international application in a national phase by means of filing of the patent application in Patent department of Turkmenistan constitutes 31 month from the date of a priority (Chapter II of the PCT).  

     For acceleration of procedure of issuing of the patent of Turkmenistan with the term validity of 20 years at any stage of the proceedings of the patent application for confirmation of patentability of invention it is necessary to present a copy of the decision about issuing of the patent or a copy of the given patent under the parallel patent application of one of such countries, as Australia, Austria, Canada, China, ЕПВ, Russia, Spain, the USA, Sweden, South Korea or Japan.

     According to the Law of Turkmenistan about inventions and industrial designs the applicant can receive the limited patent with term validity of 10 years or the patent with term validity of 20 years. For receiving the limited patent with term validity of 10 years the examination on inventive level and novelty the Patent Department performs only in a database which available in Turkmenistan. It is the accelerated variant of receiving of the protection document. In the subsequent according to the law it is possible to transform the limited patent to the patent with term validity of 20 years. Term of validity of the patent for medical remedies, pesticides or agrochemicals can be prolonged for a further additional five years at the request of the owner of the patent (The common term of validity of the limited patent in this case wills constitutes 15 years and the patent of 25 years). 
   Term of issuing to the applicant of the Turkmenistan patent constitutes from 6-12 months (the limited patent) till 1-5 years (the patent with validity of 20 years) and depends mainly on efficiencyof granting of a copy of the decision about issuing of the parallel patent or a copy of such patent issued by one of the mentioned above countries.

The following documents are necessary for registration of the patent Assignment:

Power of Attorney from the assignee (legalization or notarial certification is not need)
The document about payment of the official fee for recording Patent Assignment
Notarized Assignment deed signed by assignor and assignee, or
Notarized Statement / Declaration, or
Notarized Certificate of Assignment, or in case of urgency
Photocopy of the notarized Design assignment or notarized document about Design transference in results of firms’ merger signed and sealed by assignor and assignee.
Attached list of Designs designed to assignment from assignor to assignee.

The legalization of mentioned documents by Hague Appostille or Consulate is not need.

Common time from filing of petition till registration of the Design assignment in the State Register of Turkmenistan usually no more than 1- 3 months.

 

Necessary documents for the filing Design Applications:

1. Drawings
А) If drawings include image-related text then necessary for us one copy of the drawings as we should present image-related text in Turkmenian language. It will demand scanning of drawings with the subsequent including to them of new image-related text in Turkmenian language. If drawings do not include image-related text then they should be presented in 4 copies
B) Well executed copies of drawings serviceable enough.
C) Use of shading, of dashed lines on drawings is permitted.
The copy of the first application for confirmation of a convention priority shall be certified notarially. The convention document can be certified by a patent office also. In this case it notaries reassuring is not required. Design patent application with conventional priority should be filing to patent Department of Turkmenistan not later than during 6 months from the filing date of the first application. Applicant note: the convention document should be presented within 3 months from the date of application filing
2. Deed of assignment (if any) should be notarially certified (legalisation is not required).
3. The following additional documents are necessary for filing design Patent application:
А) The description in English or in French or in German or in Russian in 4 copies (let shortly but with an explicit statement of the list of essential features. We ourselves shall make translation of the description to Turkmenian. 

B) Complete set of photos in 4 copies if they are necessary for clearer fathoming of essence of a design application.
C) The ergonomic circuit, assembly card in 4 copies if they are necessary for design application disclosure.
D) Document about filing fee in 1 copy.
E) Power of attorney in simple written form in 1 copy (not notarized or legalized).
According to the new Law of Turkmenistan about inventions and industrial designs the applicant can receive the limited patent with validity of 10 years or the patent with validity of 15 years. For the limited patent with validity of 10 years the examination on originality and novelty is executes only in a database available in Turkmenistan. It is fast variant of the protection document receiving. 
If the applicant wants to receive patent with validity of 15 years then it is necessary to present for acceleration of receiving of the patent a copy of the positive decision in 1 copy or a copy of the given parallel patent for the given industrial designs to one of such patent departments of the countries of world, as: Australia, Austria, China, Spain, EPO, Japan, South Korea, Russia, Sweden, Canada, Finland or the USA.
Term of the issuing to the applicant of the protective document of Turkmenistan for industrial design can change from 7-12 months (the limited patent) till 1-5 years (the patent with validity of 15 years). In the latter case the term of the patent issuing depends mainly on efficiency of presenting of a copy of the decision on issuing of the parallel patent or a copy of such patent given by one the mentioned above countries.

The following documents are necessary for registration of the Design Assignment:

Power of Attorney from the assignee (legalization or notarial certification is not need)

The document about payment of the official fee for recording Design Assignment

Notarized Assignment deed signed by assignor and assignee, or
Notarized Statement / Declaration, or
Notarized Certificate of Assignment, or in case of urgency

Photocopy of the notarized Design assignment or notarized document about Design transference in results of firms’ merger signed and sealed by assignor and assignee.
Attached list of Designs designed to assignment from assignor to assignee.

The legalization of mentioned documents by Hague Appostille or Consulate is not need.

Common time from filing of petition till registration of the Design assignment in the State Register of Turkmenistan usually no more than 1- 3 months.
Necessary documents for performing of various procedures with
 trademarks, service marks and names of places of an origin of the goods

For filing trademark applications in Turkmenistan it is necessary following data and documents:

Power of Attorney (legalisation or notarial certification is not need)
Full name and address of applicant
List of Goods/Services according to International classification (Nice Classification)
Characteristic of colours of the trade/service mark (if required)
Description of the figurative elements of trademark (Vienna Classification)
20 prints of the trademark (size 5´5 cm, max 8´8cm)
Copy of Priority document certified by notary public or patent and trademark office (if priority is claimed)
The charter of a collective trademark, if the application is filed for the collective mark.
The document on the consent or authorization of use in a trade mark of specific designations (the arms, flags, emblems and other official symbolism)
The document on payment of the filing fee (this document according to the Law of Turkmenistan about trademarks, service marks and the name of places of an origin of the goods (the law was entered in force since November 15, 2008г.) should be filed in Patent department simultaneously with trademark application).

The legalization of mentioned documents by Hague Appostille or Consulate is not need.

Common time between the filing date of application and the issuing of decision about registration of a trademark in the State register constitutes from 12 months till 18 months.  The variant of the accelerated issuing of the decision about registration of a trademark within 7-8 months from the date of application is possible under condition of payment of the additional official fee.

For registration and /or granting of the right of use by the name of a place of an origin of the goods are necessary below-mentioned data and documents:

Power of Attorney (legalisation or notarial certification is not need)
Full name and address of applicant
Claimed designation
The designation of the goods concerning which is asked the state registration and granting of the right of use by already registered name of a place of an origin of the goods
The designation of a place of an origin (manufacture) of the goods (borders of geographical object)
The description of special properties of the goods
The conclusion of competent body that the special properties of the designated goods is connected with a characteristic environment for the given geographical object and (or) human factors (only in case of registration of a new place of an origin of the goods by applicants of Turkmenistan).
The document confirming the right of the foreign applicant on the declared the name of a place of an origin of the goods in a country of origin of the goods.
The document on payment of the filing fee (this document according to the Law of Turkmenistan about trademarks, service marks and the name of places of an origin of the goods (the law was entered in force since November 15, 2008г.) should be filed in Patent department simultaneously with application).
Common time between the filing date of application and the issuing of decision about registration and / or granting of the right of use by the name of a place of an origin of the goods in the State register constitutes from 12 months till 18 months.  The variant of the accelerated issuing of the decision about registration and /or granting of the right of use by the name of a place of an origin of the goods within 7-8 months from the filing  date of application is possible under condition of payment of the additional official fee.

The following documents are necessary for registration of Trademark Assignment (Merger):

Power of Attorney from the assignee (legalization or notarial certification is not need)
The document about payment of the official fee for recording Trademark Assignment or firms’ merger
Notarially attested assignment deed signed by assignor and assignee or
Notarized Statement / Declaration (Merger), or
Notarized Certificate of Assignment (Merger), or in case of urgency
Photocopy of the notarized trademark assignment or document about trademark transference in results of firms’ merger signed and sealed by assignor and assignee.
Attached list of trademarks designed to assignment from assignor to assignee.

The legalization of mentioned documents by Hague Appostille or Consulate is not need.

Common time from filing of petition till registration of the trademark assignment or certificate about firms’ merger with transferring of trademarks to new owner in the State Register of Turkmenistan usually no more than 1- 3 months.

The following documents are necessary for registration of change of the name or address of the trademark owner:

Power of Attorney (legalization or notarial certification is not need)
The document about payment of the official fee.
Certified by notary or sealed by firm Commercial Register extract about change the name or address of trademark owner, or
Attested copy (certified by notary or sealed by firm) of certificate about change of the name or address of trademark owner, or
Attested copy (certified by notary or sealed by firm) extract from the minutes of stockholders' meeting about the change of the name or address of trademark owner, or
Any other officially attested a confirmative document about the change of name or address of trademark owner.
Attested and signed by responsible person list of trademarks in relation to which it is necessary to register the changing of name or address of trademark(s) owner.
The legalization of mentioned documents by Hague Appostille or Consulate is not need.
Common time from filing of petition till registration of trademark(s) owner’s name or address in the State Register of Turkmenistantakes no more than 1- 3 months.

 

The following documents are necessary for registration of Licensing Agreement :

Power of Attorney from the assignee (legalization or notarial certification is not need)
The document about payment of the official fee for registration of the Licensing Agreement

Notarized copy of the Licensing Agreement
Attached list of trademarks signed and sealed by assignor and assignee that should be transferred from assignor to assignee over the Licensing Agreement.
The legalization of mentioned documents by Hague Appostille or Consulate is not need.

Common time from filing of petition till registration of the Licensing Agreement about transferring of trademark(s) to assignee in the State Register of Turkmenistan usually no more than 1- 3 months.

The following documents are necessary for trademark renewal for the next ten-year term:

Power of Attorney (legalization or notarial certification is not need)
The document about payment of the official fee.
Common time from the filing date of the petition till registration in the State register of Turkmenistan of prolongation of action of the certificate constitutes no more than 3 months.
Note: According to the law of Turkmenistan about trademarks, service marks and names of places of an origin of the goods the term of validity of a trademark is reckoned from the filing date of trademark application

 

Necessary documents for prolongation of action of the certificate on the right receiving of use of the name of places of an origin of the goods for the next ten-year term
Power of Attorney (legalization or notarial certification is not need)
The document about payment of the official fee.
Common time from the filing date of the petition till registration in the State register of Turkmenistan of prolongation of action of the certificate constitutes no more than 3 months.
The note: According to the law of Turkmenistan about trademarks, service marks and names of places of an origin of the goods the term of validity of the certificate is reckoned from the filing date of application about of the right receiving of use of the name of a place of an origin of the goods.

Additional information concerning protection of individualization means

1.1  Creation of rights
First to file in the jurisdiction.
1.2  Rights afforded by registration
Registration confers the exclusive right to use the mark and the right to act in case of infringement.
1.3  Status of unregistered mark
An unregistered mark is not protected unless it constitutes a mark that is well known according to Article 6bis of the Paris Convention.
1.4  Compulsory registration
It is not the obligatory requirement established by laws. However for receipt of licenses for the right of realization of the certain business activity the separate ministries demand representation of documents on presence from the businessman of the registered trade mark or documentary acknowledgement about filing of a trademark application

2.1 Types of marks registrable
Trade marks, service marks, collective marks.
2.2  Definition of “trade mark”
A trade mark or service mark is a mark capable of distinguishing goods or services of natural persons or legal entities from similar goods or services of others.
2.3  Definition of “service mark”
See 2.2 above.

2.4  Prohibited marks
(1)  Names, flags, and symbols of international organizations
The emblems, names, and abbreviated names of international organizations are prohibited from registration unless authorized.
The following would be prohibited from registration: Red Cross; Geneva Cross; Crescent; Red Crescent; Olympic Rings Symbols; the abbreviations “UNESCO”, “U.N.O.”, “NATO”; the words “United Nations” etc.
(2)  State, national, and regional flags, symbols, etc.
Marks which imitate state symbols, flags and other emblems, as well as the official names of any state are prohibited from registration, unless authorized.
The following would be prohibited from registration: names of countries; flags of countries and local administrative regions; representations of the Head of State; national arms; crests; official seals.
(3)  Other prohibited marks
Official guarantee, control, or examination marks are prohibited from registration unless authorized.
Words such as “Bread”, “Paper”, “Patent”, “Patented”, “Copyright”, “Registered Design”, and “Registered” would be prohibited from registration.

3.1  Who is entitled to file
Any natural person or legal entity which practices business. Foreigners must appoint a local attorney.
3.2  Restrictions on holding companies
No provision.
3.3  Bases available for application
A bona fide claim to ownership.

4.1  Classification system
International classification system of goods and services. International Classification of the figurative elements of marks (Vienna Classification) adopted in March 2006. Classes 43, 44 and 45 were adopted
4.2  Service marks registrable
Service marks are registrable.
4.3  Multiple class applications
Multiple class applications are available.
4.4  Divisibility of multiple class applications
It is possible to sever a multiple class application allowing the accepted classes to proceed to registration.
4.5  Breadth of specification
May be broadly stated.
4.6  Retail services—Mail order services
It is possible

 

5.1  Documents requiring applicant’s signature and execution formalities
Power of Attorney is required in simple written form. The legalization or notarization not need.
5.2  Documentation required to substantiate basis of application and formalities
None.
5.3  Other documents required and formalities
·     Document certifying payment of filing fee; This document should be presented to the Patent Office simultaneously with  filing of trademark application.
·     The full name and address of the applicant;
·     A list of Goods/Services determined according to the International classification system;
·     A copy of the priority document certified by the patent office (if priority is claimed);
·     The charter of a collective trademark, if the application is filed for the collective mark;
·     A document (certified by a notary) about consent or sanction for using of specific designations (state Emblems, Flags, Seals etc.) in the trademark;
·     Above-mentioned documents except  document certifying payment of filing fee should be presented to the Patent Office within two months from the filing date of trademark application.
5.4  Representations of mark
At least twenty-five (15) representations of the mark must be provided to the agent (size between 5x5 and 8x8 cm), in colour if colours are claimed.
5.5  General powers accepted
General powers are accepted.
5.6  Minimum documents necessary in order to obtain filing date
·     Document certifying payment of filing fee, list of Goods/Services in International classes and trademark;
·     one (1) print of the mark;
·     Power of Attorney (in simple written form, not legalized and not notarized).

6.1  Extent of examination
For formalities, distinctiveness, and conflict with prior applications and registrations.
6.2  Requirements for registration
In order to be considered for registration a mark must be distinctive and otherwise not a prohibited mark. In particular marks capable of graphic representation, words, devices (logos), labels, shades of colours (combined with other elements), signatures, three-dimensional objects, holograms, musical notes and slogans are capable of registration.
6.3  Marks not registrable
(1)  Generic and descriptive marks
The following may not be registered:
a)     marks which do not possess any distinctive characteristics;
b)     marks in common use as designations of goods of a particular type including simple names   
of the goods;
c)     separate letters and-or the figures which are not having characteristic graphic execution or 
marks consisting of generally accepted terms or symbols;
d)  designations representing the form of the goods which is defined exclusively or mainly by properties or purpose of assignment of the goods
e)  lines, simple geometrical figures, and also their combinations which are not forming compositions;
f)    marks consisting exclusively of designations indicating the shape, quality, quantity, weight,  volume, properties, purpose, value, price and place or time of the production of goods or the provision of services, including indication of a material or structure of raw material, dates and history of manufacture of the goods, addresses of manufacturers of the goods and/or intermediate firms.
q) designations of laudatory character;
h) designations consisting in full or in part from geographical names which can be perceived as the location of the manufacturer of the goods;
The elements specified in items "a" - "q", can be included in a trademark as unprotected elements if they do not borrow a leading position.
The positions stipulated by the present part, are not applied concerning designations which have actually got distinctive ability as a result of their long use.
(2)  Deceptive marks
Marks which contain false or misleading information may not be registered.
Awards, decorations, etc., may not be registered unless the applicant is entitled to them.
(3)  Immoral or contrary to public order marks
Marks the use of which would be contrary to public order, principles of humanity and morality may not be registered.
(4)  Marks in conflict with a mark accorded a prior right
The following may not be registered:
·     marks which are identical with, or similar to, a mark which is already registered, or for which an application for registration has been filed, in the name of another party and for similar goods or services;
·     marks which are identical with, or similar to, protected designations of origin, unless authorized and then only as non-protected elements of the mark;
·     marks which incorporate material which would infringe the industrial design right of another party;
·     marks which reproduce titles of works known in Turkmenistan in the fields of science, literature or Article, quotations or elements deriving from such works without the consent of the copyright owner or the appropriate authority.
(5)  Other marks not registrable
The following may not be registered:
·     surnames, names, pseudonyms, or variations thereof, portraits, or facsimiles of other persons, unless authorized by such persons, their heirs, or the appropriate authority;
·     marks which would otherwise be against the law or international agreements to which Turkmenistan participates.
6.4  Well known marks (Article 6bis)
Article 6bis is applicable.
6.5  Qualified registrability
(1)  Geographical terms
Registrable, as places of origin of goods
(2)  Surnames
Registrable, except for widely widespread surnames, such as Ivanov,  Petrov, Amanov, Kurbanov etc. Surnames of famous personalities are registrable, subject to the consent of the identified parties; see 6.3(5) above.
(3)  Forenames
As in 6.5(2) above.
(4)  Letters not forming a pronounceable word
Registrable.
(5)  Monograms
Registrable.
(6)  Numbers
Registrable if it is stylized.
(7)  Alpha-numeric marks
Registrable.
(8)  Foreign words
Registrable; the Turkmen or Russian translation shall be required in the description of the mark.
6.6  Other conditions
(1)  Disclaimers
The Registrar may impose the condition that certain elements of the mark constitute on protected elements and are not covered by exclusive trade mark rights.
(2)  Associations
Registrable.
(3)  Series of marks
Registrable if all the trade marks are filed in the name of one single applicant.
(4)  Further conditions
No provision.
6.7  Consents
Letters of consent are accepted.
6.8  Examination notes
In the case of an application for registration being rejected the applicant has the right to file a complaint, within three (3) months of notification, with the Appeal Board of the Patent Office. There is a further right of appeal to the courts.

7.1  International (Paris Convention) priority
(1)  Availability
International priority is available under the Paris Convention.
(2)  Requirements
(a)  Name of the country from which priority arises–Yes.
(b)  Application number–Yes.
(c)  Application date–Yes.
(d) Proof required supporting priority claim–A certified copy of the Convention application must be filed within three (3) months of the filing date of the application in Turkmenistan.
(e)  Other requirements
(i)   Priority must be claimed at time of filing application–Yes.
(ii)  Partial priority available–Yes.
(iii) Multiple priority available–Yes.
7.2  Other priority arrangements
Exhibition priority-yes.
7.3  Priority notes
No further notes.

8.1  Opposition procedure provided for
Opposition is possible.
8.2  Forum
Applicable.
8.3  Who has standing to oppose?
Any interested person
8.4  Bases of opposition
·     Prior application –yes
·     Prior registration - yes
·     Prior use –not, except situations within article 6septies of Paris Convention.
8.5  Opposition term
Within from three months to four months.
8.6  Extension of opposition term
After the expiration of a established term a six months under condition of payment of the additional fee for each month of prolongation
8.7  Suspension of opposition proceedings
Possibly till six months.
8.8  Documents
Any documents confirming sufficiency in law of opposition.
8.9  Notes on opposition
No further notes.

9.1  Cancellation
Cancellation is possible.
9.2  Forum
An application for cancellation must be filed with the Appeal Council of the Patent Office; the application is formally taken up and decided and must be considered within six (6) months of filing. The applicant and the registrant have the right to participate in the proceedings.
9.3  Who has standing to cancel?
Any interested person.
9.4  Bases of cancellation
Prior registration;
·     prior application;
·     ownership of a well-known mark;
·     liquidation of the registrant;
·     application for registration filed in violation of any other provision on registrability.
·      in case of use of the collective mark on the goods which are not having uniform qualitative
or other general characteristics;
·      in case of transformation of registered mark or the collective mark in the designation of the 
goods of a certain kind.
9.5  Cancellation term
An application for cancellation based on a prior right must be filed within five (5) years of the publication of the trade mark registration.
9.6  Notes on cancellation
See 12.1 below.

10.1  First term of registration
Ten (10) years of the filing date of the trademark application.
10.2  Subsequent terms
Every ten (10) years thereafter.
10.3  Effective date of current rules
November 15, 2008.

11.1  Effect of renewal
Renewal is a pre-condition for the continuation of rights conferred by the original registration.
11.2  Procedure for renewal
(1)  Proof of use on renewal
None required.
(2)  Renewal documents
(a)  Documents requiring applicant’s signature and execution formalities-Power of Attorney, unless the attorney of record already holds a general power.
(b)  Other documents required and formalities-document certifying payment of renewal fee.
(3)  Reclassification on renewal
None required.
11.3  Specific renewal rules
Not.
11.4  Renewal filing dates
The application for renewal must be filed within the final one (1) year of the current term of registration. If the trade mark has not been renewed when due then the owner of a mark can prolong its action in additional six-monthly term under condition of payment of the corresponding official fee.
11.5  Late renewal
Within six (6) months of the expiration of registration, upon payment of an additional fee.
11.6  Restoration
Restoration within six (6) months from the expiration is possible.
11.7  Registration by another prohibited
No provision.
11.8  Notes on renewal
No further notes.

12.1  Use
Required.
Action of the state registration of a trade mark can be stopped ahead of time concerning all or a part of the goods in connection with non-use of a trade mark continuously within any three years after its registration. The application about cancellation of registration of a trade mark in connection with its non-use can be sent by any interested person to Appeal commission of Turkmenpatent after the specified three years provided that this trade mark is not used before filing of such application.
Proofs of use of a trade mark are given by the owner.
(1)  Documents requiring proprietor’s signature and execution formalities
None required.
(2)  Other documents required and formalities
None required.
12.2  Use as registered provisions
No specific provision; it is advisable to use the mark as registered.
12.3  Fees
Payable at filing, registration and renewal.
12.4  Taxes
No provision.
12.5  Marking
(1)  Wording for notice
Optional.
(2)  Effect of using notice
No legal effect.
(3)  False claim of registration
No specific provision; it may be actionable under the civil law.

13.1  Documents and their execution
(1)  Assignment documents
Notarized Deed of assignment, signed by both parties under seal, or
Notarized Statement about assignment, or
Notarized Declaration about assignment, or
Notarized Certificate of Assignment
List of trade marks.
(2)  Other documents requiring signature
Power of Attorney from the assignee (in simple written form, not legalized and not notarized).
The document certifying payment of the official fee for recording Trademark Assignment.
(3)  Other documents required
None.
(4)  Language of documentation
Documents must be in English, Turkmen or Russian or filed together with a translation.
13.2  Recordation requirements
Recordation is required.
13.3  Effect of recordation
Following recordation the assignment agreement becomes legally effective.
13.4  Time limits for recording a deed of assignment—Effect of non-recordation within the limit of time
No time limitations are imposed.
13.5  Acceptable consideration
(1)  Rules regarding consideration
(a)  Required–Consideration need not be stated.
(b)  Amount–Not applicable.
(c)  Nominal consideration acceptable–Not applicable.
(d) Acceptable amount–Not applicable.
13.6  Tax implications
No provision.
13.7  Stamp duty
No provision.
13.8  Goodwill
Assignments may be made with or without goodwill.
13.9  Partial assignments
It is possible.
13.10  Pending applications assignable
It is possible.
13.11  Unregistered marks
The assignment of unregistered marks is not legally recognized. However trademark applications can be included in the assignment.
13.12  Association requirements
No association requirements.
13.13  Notes on assignments
None.

14.1  Documents and their execution
(1)  Merger documents
Notarized Agreement of merger, signed by all parties under seal, or
Notarized Statement about merger, or
Notarized Declaration about merger, or
Notarized Certificate of merger
List of trade marks.
(2)  Other documents requiring signature
Power of Attorney from the new trade marks holder (in simple written form, not legalized and not notarized).
The document about payment of the official fee for recording of merger agreement.
(3)  Other documents required
None.
(4)  Language
Documents must be in English, Turkmen or Russian or filed together with a translation.
14.2  Recordation requirements
Recordation is required.
14.3  Effect of recordation
Following recordation the merger agreement becomes legally effective.
14.4  Notes on mergers
Mergers are treated either as assignments, when there is a transfer of rights to the surviving entity, or as changes of name.

 

15.1  Documents and their execution
(1)  Change of name documents
A certificate evidencing the change of name, such as a certificate by a notary, an extract of the Commercial Registry or an attested copy (certified by notary or sealed by firm) of the minutes of a stockholders’ meeting about the change of the name or address of trademark owner, or any other officially attested document about the change of name or address of trademark owner.
(2)  Documents requiring signature
A Power of Attorney in the new name may be required  (in simple written form, not legalized and not notarized).
(3)  Other documents required
None.
(4)  Language
Documents must be in English, Turkmen or Russian or filed together with a translation.
15.2  Recordation requirements
Recordation is required.
15.3  Effect of recordation
The record must indicate the currently valid name of the owner. All post recordation actions may be effected under the new name without any further proof of entitlement.
15.4  Notes on changes of names
No further notes.

16.1  Concept recognized
The concept is not recognized in practice. However Turkmenistan protects rights of trademarks owners except the law about trademarks, service marks and origin of goods also on the basis of criminal code, the code about administrative offences, the customs code, and the civil code and of some other legislation connected with the intellectual property.
16.2  Recordation requirements
(1)  Recordation requirements within Trade Mark Office
Not applicable.
(2)  Other recordation requirements
Not applicable.
16.3  Enforceability
Not applicable.
16.4  Notes on security interests
No further notes.

A power of attorney from the assignor and the assignee (legalization or notarization is not need)
An attestation of payment of the official fee for registration of the Licensing Agreement
A notarized copy of the Licensing Agreement
A list of the trademarks that will be transferred from the assignor to the assignee over the Licensing Agreement.
17.1  Concept recognized
The concept is recognized.
17.2  Quality control requirements
No provision; notice however that an agreement which might mislead the consumer will not be allowed.
17.3  Manner of control
As stipulated in the license.
17.4  Recordation
Recordation is required.
17.5  Effect of recordation
Following recordation the agreement becomes legally effective and use by the licensee inures to the benefit of the licensor.
17.6  Licensing of unregistered marks
Licensing of unregistered marks is not legally recognized. However trademark applications can be included in the assignment.

17.7  Sublicensing
It is possible with the consent of the licensor
17.8  Licensing notes
No further notes.

18.1  Statutory provisions
No specific provision; use of another party’s mark in comparative advertising may constitute an infringing act. Turkmenistan adheres to norms of international law concerning an unfair competition. Acceptance of the separate law on an unfair competition is in the long term possible. 
18.2  Comparative advertising notes
The impersonal advertising shall be in Turkmenistan, except comparative advertising of goods which labeled by trademarks.

19.1  Statutory provisions
A collective mark is defined as the mark of a union or association that is used to designate goods produced or marketed by them, or services provided by them; the goods or services must be of similar quality or possess other common characteristics.
Regulations of use must be filed together with the application for registration. The regulations must indicate the common characteristics of the products covered by the registration, conditions of use, and provision on the violation of such conditions. Use of the mark on goods which do not possess common characteristics may give rise to cancellation proceedings.
19.2  Collective marks and certification notes
No further notes.

20.1  Acts constituting infringement
Use of a registered mark without the owner’s consent in relation to identical or similar goods or services; selling, intending to sell, importing and introducing, in any other way, in the market in Turkmenistan goods bearing an infringing mark, including unfair competition and sale of infringing goods.
20.2  Relief which can be sought
Injunctions, damages, the seizure of infringing goods, publication in the press etc.
20.3  Procedure
Court proceedings must be instituted.
20.4  Expanded protection for “well known marks”
Article 6bis is applicable.
20.5  Criminal provisions
Criminal sanctions may be imposed during a court trial.
20.6  Enforcement notes
No further notes.

21.1  Protection of trade/corporate names
There is special protection for foreign companies investing in Turkmenistan through a special register. Trade names can also be registered as trade marks.
21.2  Prohibited trade/corporate names
Trade mark law principles apply.
21.3  Conflict of rights between trade marks and trade names
Trade mark law principles apply.
21.4  Protection under Article 8 of the Paris Convention
Trade mark law principles apply.

22.1  Unfair competition provisions
Protection against unfair competition is available. A petition must be filed with the competent administrative authorities or an action must be brought before the courts.
22.2  Unfair competitive acts
Any actions which can be regarded as a unfair competition, for example the actions discrediting  reputation of the owner of a trade mark, a comparative advertising, the actions decrease of distinctive ability of a trade mark, the actions directed on humiliation of the owner of a trade mark etc.
22.3  Procedures, sanctions and remedies against unfair competitive practices
Fines, terms of imprisonment, and payment of damages, seizure and destruction of infringing goods etc. may be imposed.
Turkmenistan plans to enact a law on unfair competition.

23.1 Domain names provisions/practice
The law of Turkmenistan on domain names is planned to develop and enter in force in future.
23.2 Conflict of rights between trade marks and domain names
The legal base for the decisions of conflicts in this area is not settled yet. Probably if such conflicts will arise their decision will be defined by norms of international law and a judge-made law.

24.1  Number of applications filed
About 400 national applications and 1500 international applications were filed in the calendar year 2005.
24.2  Number of oppositions filed
6 oppositions were filed in the calendar year 2005.
24.3  Number of cancellation petitions filed
5 cancellations petitons were filed in the calendar year 2005.
24.4  Number of registrations in force
About 10000 national registrations and about 11000 international registrations in force on December 31, 2005.
24.5  Most popular classes of goods/services
Classes 4, 5, 9, 16, 19, 25, 29, 30, 32 and 35.
24.6  Recent trade mark jurisprudence
Information will be available in a future release.

Features of registration of trade marks by local applicants 
After receiving of the independence practically all states CIS have declared introduction of the national language as a state language of dialogue and conducting office-work in all spheres of life of a society and the state. On the basis of an item 13 of Turkmenistan Constitution and decision of National Council a final introduction of Turkmenian language as a state language has taken place in Turkmenistan on January, 1 2000г. From now a filing of all applications for patenting of inventions, industrial designs and trade marks began in Turkmenian language. The charter of the enterprise or the registration certificate of the businessman without fail should be put to the application for registration of trade marks with the patent about the right of realization of employer's activity if the applicant is the physical person. Lately side by side with above-mentioned documents it is recommended to attach to the trademark application also the license for the right of manufacture of the appropriate goods or rendering of services. It is necessary to emphasize, that all set forth above requirements do not concern to foreign manufacturers of the goods and services, except as whose an enterprises are in territory of Turkmenistan.
According to working practice each businessman of Turkmenistan, which wish to receive the state license for manufacture or trade by certain goods is obliged to present to bodies granting out the license a copy of the trademark application or trademark certificate. However, this rule not always is observed. In particular, there are cases of registration of commodity names of drugs by Ministry of Health and the Medical Industry of Turkmenistan (MH & NIT) and granting on them of licenses without preliminary filing of appropriate trademark applications. In result there can be conflicts between owners of trade marks and persons which have registered a commodity name of drugs only in MH & NIT. 
Each of labels meant for goods marking should contain the commodity designation and to pass through an examination on cleanliness used in it Turkmenian language. Conducting this examination is assigned to institute of language and the literature by him Magtumguly. Besides the label should be checked up a correctness of the information in label and after receiving of appropriate coordination can be used in economic activities of the manufacturer of the goods and/or services.
В Lately the bodies which grant the license and supervisory a correctness of the information in label the great attention give to word designations, preferring those from them which are presented on the Turkmen alphabet and on the semantic meaning belongs to  Turkmenian words. Especially big attention to this circumstance gives institute of language and the literature by him Magtymguly. In particular, the given institute has not admitted to use a label containing fantastic designation BuyraTin (fleecy kopeck) on the ground that word Tin (kopeck) the word has long since been out of use . To the businessman have not helped references to article 6 of the former Patent law of Turkmenistan, the official conclusion of Patent Department about an admissibility of use of word BuyraTin as a trade mark. In result the certificate about registration of the mentioned trade mark was granted to the businessman, but further use of trademark for the above mentioned reason proved difficult. 

Recommendations on strengthening of protection of popular brands
It is well known that brands are always surrounded with a bouquet of designations similar to them. In that case when encroachments on popular brand have obvious character, struggle against them is conducted by the methods established by the legislation. Here there are no questions. But when such encroachments have unobvious character much more difficultly is. They get such character, when the goods are marked by words similar in case of a spelling and a pronunciation, but are distinguished on semantics.
For example, such known brand, as Coca Cola. This word on a spelling and a pronunciation is similar with the Russian word "CОLОCОL" (Bell). Using at a spelling of this word a corresponding font it is possible to create various combinations of the word-combinations creating illusion of their participation in the mentioned brand. It can be, in particular, such word-combinations as At the Bell (U Colo Cola), About the Bell (Ocolo ColoCola), Ring Bells (Zvenjat ColoCola), etc.

Other example, it is a game combination of words as School of the Cook (Shcola Coca) or, on the contrary, the Cook School (Coca Shcola) is. In Turkmenian language a similar a pronunciation has word-combination Koke Koli, that means in translation - lake of cakes (cookies, koloboks). On the strength of dissimilar semantics, examination can register such designations concerning the goods 32 IC classes and create thus known complexities for the owner of a mentioned brand.

Earlier has already been the example with designation BuyraTin (fleecy kopeck). In Russian pronunciation and in a spelling it very much reminds trade mark Buratino; however, in view of dissimilar semantics, this designation is registered in Turkmenistan as a trade mark.
Above mentioned examples with artificial transformation of known brands into completely other semantic concepts, by means of or a game combination of words, or search similar on a spelling and a pronunciation of words in the other language are not single.  So, for example, such known brands as Disney it is possible to change in a word-combination (idiSney), is similar to this "Sitibank" in  (SitecBank), "Motorola" in "Motoroller", "Ford" in Fiord, “McDonald's ” in MacDonAlt, "Toyota" in ToyOty (in Turkmenian language means as “Celebratory grass”), "Sony" in "Sony" (in Turkmenian language means as  “end”), "Honda" in "Hondan" (n Turkmenian language means as “To put on airs”), ""Nike" in "Nika" (in Turkmenian language means as “Marriage”), "Heineken" in "HeyNeKem" (means in Turkmenian language as  “Unless that does not suffice”), "Barbie" в "BarBiy" (in Turkmenian language means as “Is Wise”), "Ericson" in ""ErikSon" (n Turkmenian language means as “Apricots after”), "Pampers" in "Palpers" (n Turkmenian language means as Beauty of Fortune-telling), "Armani" в "Arman Il" (n Turkmenian language means as “Not tires people”) etc. The cheapest way of counteraction to such unevident encroachments on the well-known brands it is preventive registration of similar designations.

At conducting of search of a commodity designation in a database of Patent Department the customer suggests sometimes to the executor to give the opinion concerning possible{probable} negative semantic sense of a researched designation in local language. And it is correct, such situations are quite probable. So, for example, the Caucasian name of girl BELA, in Turkmenian language means such concepts how to attack, the Trouble, Misfortune. Therefore such researches are absolutely necessary.