| Office | The State Service for Intellectual Property of the Ministry of Finance and Economy of Turkmenistan (Государственная служба по интеллектуальной собственности), called "Turkmenpatent" in the Trademark Law, receives applications, examines, registers, issues certificates and publishes the official bulletin; its Appeals Board hears appeals, invalidation requests following an opposition and requests for termination for non-use. Website and search links: IP Toolbox. |
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| Law | Law on Trademarks No. 141-VI of 8 June 2019 (replacing the 2008 Law on Trademarks, Service Marks and Appellations of Origin of Goods); official fees under the Procedure for Payment of Trademark Fees and the Schedule of Trademark Fees approved by Presidential Resolution No. 1533 of 13 December 2019 |
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| Madrid System | Member of the Madrid Protocol since 28 September 1999, so Turkmenistan can be designated through Madrid; it is not a party to the Madrid Agreement, and has declared an individual fee and an 18-month refusal period, which apply whichever office of origin you file from, including offices bound by both treaties |
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| Eurasian Economic Union and Eurasian Patent Organization | Turkmenistan is not a member of the Eurasian Economic Union (EAEU), so the EAEU trademark has nothing to do with it; it is a member of the Eurasian Patent Organization (since 12 August 1995), which deals only with patents, not trademarks |
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| Foreign applicants | Foreign individuals and legal entities must deal with Turkmenpatent in all matters through a patent attorney; patent attorneys must be Turkmen citizens permanently resident in Turkmenistan who have passed Turkmenpatent's examination and been registered; the official list currently has 7 names |
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| Language and filing date (statutory) | The application is in Turkmen; annexes may be in another language, but a Turkmen translation must follow within 3 months of the filing date (extendable by 3 months on payment of a fee), or the application lapses. The filing date is the date on which all four items have arrived: the application form, the representation of the mark, the list of goods and proof of payment of the filing fee |
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| Application content | One application covers one mark and may include several classes; goods are grouped by Nice class, a class heading covers only its literal meaning, and "all goods in the class" is not accepted; figurative elements are coded under the Vienna Classification and the mark is described in words |
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| Scope of examination | Substantive examination follows formal examination: absolute grounds such as distinctiveness, descriptiveness and deceptiveness are examined ex officio, the examiner searches identical or similar earlier applications and registrations for similar goods, and also compares earlier industrial designs, trade names, .TM domain names and WHO international non-proprietary names |
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| Examination time (statutory) | Formal examination is completed within 1 month once 2 months have passed from the filing date; substantive examination follows formal examination but starts no earlier than 6 months from the priority date, and the law sets no completion deadline. Examination queries are answered within 3 months, extendable on payment of a fee to 6 months in all; otherwise the application lapses |
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| Expedited examination (statutory) | On payment of a fee, formal examination is completed within 10 working days and substantive examination within 20 working days; a mark registered under the expedited procedure can be declared invalid if another person's application with Convention priority for an identical mark and similar goods arrives |
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| Opposition and invalidation (statutory) | Accepted applications are published in the official bulletin; from publication until the registration date, any interested party may file a written opposition on payment of a fee; after registration, invalidation based on an earlier mark, an agent's filing in bad faith and similar grounds must be sought from the Appeals Board within 5 years of registration, while absolute grounds have no time limit |
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| Fees after acceptance (statutory) | The registration and certificate fee is paid within 3 months of receiving the decision to register, with a 6-month grace period and a surcharge for each month overdue; the mark is entered in the register within 1 month of payment, the certificate is issued within 3 months of registration and the registration is published within 6 months |
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| Term, renewal and non-use (statutory) | 10 years from the filing date, renewable for 10 years each time; renew in the last year of the term, or within 6 months after expiry on payment of a surcharge. Once 3 years have passed since registration, any interested party can ask the Appeals Board to terminate the registration early, in whole or in part, for 3 consecutive years of non-use; the owner must prove use |
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| Official fees (foreign applicants, US dollars) | Filing USD 30; substantive examination USD 220 (1 class included) plus USD 100 for each further class; registration and certificate USD 200; renewal USD 500 (1 class included) plus USD 250 for each further class; Turkmen residents pay different amounts in manat |
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