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.
In 2018, Afghanistan joined the Madrid protocol. Consequently, in addition to the usual direct application for trademark registration, business owners can also request to designate the trademark protection in Afghanistan based on an already registered trademark application previously filed in one of the countries that are members of the Madrid Protocol.
Trademark registration process in Afghanistan
In Afghanistan, trademark owners can file their applications through national trademark registration. The following stages are the common trademark registration process in Afghanistan:
- Filing application with the national patent office;
- Examination of the application;
- Declaring the results of the conducted examinations;
- Publication in the official bulletin;
- Issuance of the protection certificate (trademark certificate).
It is essential to indicate all goods and services for which the trademark is intended to be used in Afghanistan, as well as the classes of the ICGS corresponding to them in the trademark application. Exclusive rights can only be applied to goods and services specified in the certificate of registration.
If the application is recognized as meeting all the requirements and the entire consideration process is successful, then the Department decides to register the trademark. The applicant pays the registration fee, and upon applying to the Department they receive a trademark certificate.
There are restrictions on the registration of trademarks in Afghanistan as in most Islamic countries. Following Islamic traditions, registration of trademarks, which are associated with alcohol, pork, as well as services of various drinking establishments and nightclubs, is not allowed.
Afghanistan joined the Madrid Protocol
On March 26, 2018, the Government of the Islamic Republic of Afghanistan deposited its instrument of accession to the Madrid Protocol, making Afghanistan the 101st member of the Madrid System. The Protocol will enter into force for Afghanistan on June 26, 2018.
Starting June 26, 2018, trademark owners in Afghanistan can begin using the Madrid System to protect their trademarks in the 124 countries member of the System by filing a single international application and paying a single set of fees. Membership in the Madrid Union will offer these businesses a direct pathway to the world’s top export destinations, including India and Turkey.
Afghanistan’s membership highlights the Madrid System’s ongoing development across the region and solidifies the System as a key component of protecting trademarks internationally.
Please find the list of Afghanistan IP Firms here.