Trademark registration dossier in Afghanistan

Trademark registration in Afghanistan. In recent years, the Islamic Republic of Afghanistan has become an attractive destination for foreign business, including companies from post-Soviet countries. Therefore, it is crucial for businesses to learn how to protect their trademark and brand in this country to protect their brand images and prevent the stealing of their intellectual property.

Here is an overview of the trademark registration process in Afghanistan:

1. Preliminary Search: Before filing a trademark application, it is advisable to conduct a preliminary search to ensure that your proposed trademark is not already registered or similar to existing trademarks. This step helps to minimize the risk of potential conflicts and objections during the registration process. While it is not mandatory, it is recommended to perform a search to assess the availability of your trademark.
2. Filing the Application: To initiate the trademark registration process, you need to file a trademark application with the IP Office of Afghanistan. The application can be submitted in person or through an authorized representative. The application form requires information about the applicant, the trademark itself, and the goods or services associated with the mark.
3. Classification of Goods and Services: It is important to specify the class or classes of goods and services for which you are seeking trademark protection. You should identify the relevant class or classes that correspond to the goods or services your trademark will be used with.
4. Examination: Once the application is filed, the IP Office will examine it to ensure compliance with the requirements of the Trademark Law. The examination includes assessing the distinctiveness of the mark and checking for any conflicting trademarks. If there are any issues, the IP Office may issue an examination report outlining objections or requests for clarification.
5. Publication and Opposition Period: If the trademark application passes examination, it will be published in the Official Bulletin of Industrial Property. This publication opens a 90-day opposition period during which third parties can oppose the registration of the mark based on their rights or claims of potential confusion.
6. Registration: If no oppositions are filed, or if any oppositions are successfully resolved in your favor, the IP Office will proceed with the registration of your trademark. You will receive a certificate of registration, and your trademark will be protected for a period of 10 years, renewable for successive 10-year periods.

Types of trademark in Afghanistan

Word-only mark: The marks consisting only of words, letters, or numbers without special fonts or any graphic design details.

• Visual mark: The marks shown in the form of a design image without any alphanumeric elements (alphabets or numbers).
• Combined mark: The marks that combine both text and graphics. The text can be stylized or not. If the mark has only text and the text is presented in a stylized form or a special font, the mark is also considered a combined mark.
• Three-dimensional mark: The marks that represent the shape or image of a product. These marks are almost always the packaging or container of the product that distinguishes it from other products.

Note: Other types of trademarks can be found in commerce, such as scent marks or sound marks.

Necessary Documents

When filing a trademark application in Afghanistan, the following documents are typically required:

• Completed trademark application form, including details about the applicant, the trademark, and the associated goods or services.
• A clear representation of the trademark, which can be a graphical representation, wordmark, or a combination thereof.
• Power of Attorney (if you are using an attorney to file the application on your behalf).
• Priority document (if claiming priority based on a previously filed application).
• Payment of the filing fees.

It’s important to note that the specific requirements and processes may be subject to change, so it is advisable to consult legal advice to ensure accurate and up-to-date information when proceeding with a trademark registration in Afghanistan.

Please find the list of Afghanistan IP Firms here.