A Quick Guide on the Trademark Laws of Afghanistan

 

Legal basis

- The current trademark laws of Afghanistan came into force on 1 September 2009.

- Trademark protection is obtained by registration.

 

Classification

- Nice classification: 9th edition

- There is no trademark protection for alcoholic beverages.

- Any pictures or other signs which are contrary to public order or supposed to be immoral can not be registered – this is decided on a case by case basis.

 

Trademark Registration process

- The application is filed at the trademark registration office.

- Multi-class applications are accepted.

- Foreign applicants need a local agent/lawyer.

- A power of attorney legalised by an Afghan Consulate is necessary.

- All documents submitted should be accompanied with certified local language translations.

- Foreign applicants do not need a domestic registration.

- Trademark applications accepted by the Registrar are published and advertised in the official gazette.

- The approximate time frame for completing the registration process of a trademark in Afghanistan is 3-6 months.

 

Opposition Period

- Objection to the registration of a trademark must be filed no later than one calendar month from the date of publication of the trademark in the official gazette.

- Opposition against a registered trademark must be filed no later than one year from the date of registration of the trademark.

 

Trademark Duration

- Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.

 

Grace Period for Trademark Renewal

- The Trademark Laws of Afghanistan do not contain any provision for grace periods. In practice the trademark department will allow a 6 month grace period from the expiration date.

 

Use Requirements

- If the trademark has not been used within 3 years from registration it may be subject to cancellation.