Afghanistan Trademarks

Filing Requirements:

1. Power of attorney, legalized. A separate power of attorney is required for each application or set of applications.

2. 10 prints of the mark for each application.

* All the above documents must be submitted at the time of filing.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. A single application can include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 15 days from publication date.

Extension Of Time:

Extension of time for oppositions/counter-oppositions or for responding to office actions is possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.
  • Copy of the latest valid registration certificate.
  • 10 prints of the mark.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years from filing date.

Search:

An official search may be conducted for word marks and devices. It takes approximately 3 weeks for the results to be available. A single application may include several classes. The search report discloses similar and identical trademarks.

Assignment:

* Registered trademarks may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Power of attorney from the assignor, legalized.
  • Deed of assignment, legalized.
  • Original certificate of registration for endorsement.
  • 10 prints of the mark.

Change Of Name/Address:

* A change of name/address may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of change of name/address, legalized.
  • Original certificate of registration for endorsement.
  • 10 prints of the mark.

Licensing:

* License recordal is compulsory in order to be effective against third parties.

* Documents required:

  • Power of attorney, legalized.
  • License agreement, legalized.
  • Original certificate of registration for endorsement.
  • 10 prints of the mark.

Merger:

* A merger may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized.
  • Original certificate of registration for endorsement.
  • 10 prints of the mark.

Marking:

Marking is not compulsory.

Cancellation:

A trademark is subject to cancellation before the Court by any interested party within 1 year from registration date.

Registration Time Frame:

The time frame for completing the registration process is 12 months.

Three Dimensional Trademark Applications:

Acceptable.