Trademark registration in Afghanistan

In the era of globalization, the protection of intellectual property rights is becoming increasingly important for businesses. Trademarks are one of the most important intellectual assets of enterprises, helping businesses distinguish their products and services from those of competitors. The registration of a trademark is an important step in the process of protecting intellectual property rights and determining the brand reputation of enterprises. The procedure for registering a trademark in Afghanistan not only helps owners protect their rights from unauthorized copying, but also facilitates business development and expansion. Currently, there are many businesses and organizations that want to expand their business scope in Afghanistan, Viet An Law Firm will preliminarily guide customers through the process of trademark registration procedures in Afghanistan through the article below.

Legal basis

• Law on Trademark Registration 2009

Conditions for trademark registration in Afghanistan

Audience conditions

• Individual:
  • Afghans or foreigners who have full capacity for civil acts in accordance with Afghan law.
  • Lawfully reside in Afghanistan or have a legal representation in Afghanistan.
• Organization:
  • The enterprise is legally established in accordance with the provisions of Afghan law.
  • Be headquartered in Afghanistan or have a legal representative in Afghanistan.

Uniqueness

• Distinguishable: A trademark must be able to distinguish the goods or services of one business from another. This means that the trademark must be distinct enough that consumers can easily identify the source of the product or service.
• No generic descriptions: Trademarks may not include only generic or descriptive terms commonly used to describe goods or services. For example, “bread” cannot be a unique label for bread because it is a generic term that describes the product.
• Non-functional: A trademark may not include characteristics necessary for the function or use of the goods or services. For example, the shape of a pen cannot be a unique label for pens because it is a necessary characteristic for the functionality of the product.
• Do not infringe the intellectual property rights of others: A trademark must not infringe the intellectual property rights of others, such as registered trademarks, copyrights, or inventions.
• Not contrary to public morals or confusing consumers: A trademark must not be contrary to public morals or confuse consumers. For example, a trademark with an offensive image or a trademark that may confuse consumers about the origin of a product or service will not be considered unique.

Trademark registration documents in Afghanistan

• Application form: Download and complete DIP’s official application form via the link below: http://www.acbr.gov.af/ and ensure all sections are filled out correctly and clearly.
• Information about the applicant: Provide the full name and address of the applicant (person or organization). For enterprises, it is necessary to provide registered name and business address.
• If applying through an intellectual property representative, a Power of Attorney should be submitted.
• Trademark sample: Clearly shows the trademark customer want to register. Trademark template may refer to:
  • A word or phrase written in Dari, Pashto, or English.
  • The color is black and white.
  • Combination of words and symbols.
  • Make sure images are high resolution
• List of goods and services: Identify the international class of goods/services intended to apply for protection by the applicant using the Nice International Classification system. The applicant should provide a detailed description of the specific goods or services protected by the trademark.
• Additional documents (if applicable): If filing an application and claiming priority rights based on a foreign trademark application, the applicant should submit a certified copy of the application and certificate of foreign registration.

How to file a trademark application in Afghanistan

To file for trademark protection in Afghanistan, customer can apply by the following filing methods:

• Direct submission: Customer can go directly to the office of the Afghan Intellectual Property Office in Afghanistan Kabul City District #8 Chaman Huzuri Kabul Nandary Area Behind Afghanistan Cricket Board ACBR – IP Offices to submit the application and related documents.
• By Post: Customer can send application form and all required documents via postal service or courier service to the address of the Afghan Intellectual Property Office.
• Currently, under the provisions of Afghan intellectual property law, applicants cannot yet file a trademark application online.

Trademark registration fees in Afghanistan

The trademark registration fee in Afghanistan depends on a number of factors, including the number of classs of goods/services the applicant is applying for and whether the applicant is claiming priority rights based on a foreign application. Here are some of the types of fees with a basic application procedure:

• First class of goods/services (text mark or logo): USD 942
• Each additional class of goods/services (text mark or logo): USD 419
• Fee for publication in the Trademark Magazine: USD 118
• Fee for issuance of protection certificate: 100 USD
• Priority request fee (if applicable): USD 200

Validity of protection titles in Afghanistan

The protection title is valid for 10 years from the date of issue and can be renewed several times, each time for 10 years. In order to extend the validity of a protection title, the title holder must apply for renewal at least 6 months before the title expires. The fee for renewal of protection titles in Afghanistan is calculated according to the type of title and the number of classs of protected goods/services, products or services.

Fee for renewal of protection title: 360 USD for each class of goods/services.

Trademark registration service in Afghanistan of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Afghanistan;
• Prepare the dossier and directly file and monitor the status of the trademark application filing in Afghanistan;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Afghanistan;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives implementing procedures in Afghanistan.
• Receive dispatches, certificates and hand over to customers (if any).

If customer need to apply for trademark registration in Afghanistan, please contact Viet An Law Firm for the most effective support.