The new Law of Turkmenistan on Trade Names, which establishes the requirements for assigning trade names to entrepreneurial legal entities of Turkmenistan, and regulates relations arising in the field of their legal protection, entered into force on Wednesday with its publication in the official media of Turkmenistan.
A trade name is a designation of an entrepreneurial legal entity that makes it possible to distinguish this entity from others in the course of its activities.
The rightholder of the trade name has the right to use the trade name belonging to him. The use of a trade name means an indication of the trade name:
- on the packaging of any product or in information about the product, on labels, signs or in any other information sources for the purpose of storing the product, offering for its sale, its sale, including its sale for export;
- during the offer and provision of any service;
- in business documents or advertisements;
- as an Internet address.
The trade name can also be used as an integral part of the trademark designations (service mark) or completely coincide with the indicated designations or be part of one or more registered designations belonging to the same owner.
Unless otherwise provided by the legislation of Turkmenistan, the rightholder of the trade name has the exclusive right to prohibit other persons in any form from using the trade name belonging to him without his consent, as well as designations identical or similar to the trade name, if the use of such designations may be misleading with respect to the copyright holder of the trade name.
A trade name is assigned by an authorized body at the request of a person interested in obtaining a trade name. An application for obtaining a trade name can be submitted through a representative whose powers are certified by a power of attorney. The application and documents attached to the application are submitted in the state language.
If the trade name meets the requirements of the Law of Turkmenistan on Trade Names of Turkmenistan, the authorized body makes a decision on the assignment of the trade name and sends it to the applicant. The assignment of a trade name is carried out in the manner established by the authorized body.
Source: Law of Turkmenistan on Trade Names