Trademark

Summary
  1. Legislation
    Trademark law in the Afghanistan is governed under the Trademark Law (Law no 995 of September 1, 2009)
  2. Definition
    Trademark protects a companies goods or services to make it distinctive from that of another company
  3. Criteria
    – Alcoholic beverages are not allowed to be trademarked
    – Any sign which are contrary to the to public order or are immoral will not be registered
  4. Membership
    Afghanistan is not party to any convention nor the World Intellectual Property Organisation
  5. Rule of Priority
    Afghanistan practices a ‘First-to-file’ system, which recognizes the first person to file the mark which is not necessarily the first inventor
  6. Duration and Renewal
    A trademark is applicable for 10 years from the date of application and is renewable for periods of 10 years
Procedure/Timeline
  1. Application
    An application can be made to the Intellectual Property Office
  2. Examination
    All applications are subjected to an examination before being accepted
  3. Publication
    The mark will be published In the Official Gazette twice. The first time will be where the mark is subjected to opposition. Should there be no objection, the application will be approved and will be registered upon payment of fee
  4. Registration
    Once the necessary fee has been paid to the Office, the certificate will then be issued to the applicant
Requirements/ Documents
The following information/documents are required for a trademark application in Afghanistan

  1. Name and Address of Applicant(s)
  2. Print of the mark
  3. List of Goods and/or Services and the classes
  4. Particulars of home registration
  5. Power of Attorney (Legalized)
Documents
Downloadable Forms
Agents
Fee

Patent

Summary
Patent law has not come into force in Afghanistan so far, and it is expected to come in force within the next 6 to 12 months. Unfortunately, at present there is a legal vacuum in this field. Hence, it is not possible to file patent applications in Afghanistan at present.
At present, as the only available way of protection and to provide relatively a remedy for the said legal vacuum, we advise all our clients to publish a Cautionary Notice in the local Newspaper(s) in the English Language.
The Cautionary Notice stating that such and such invention related to a particular matter belongs to such and such inventors/company. Although the publications of cautionary notices are not registered in any official registers, and it is only an advertisement but it could be a base for claiming priority right in the future when the patent law comes in force in the country. Therefore the publication should be in detail, and not in a short form. If it is published in short form, it may not serve the priority purposes.
Procedure/Timeline
Requirements/ Documents
There are no specific requirements for publication of Cautionary Notices in Afghanistan, however the basic information needed are as follows:

  1. Full name and address of the applicant(s);
  2. Full name and address of the inventor(s);
  3. Copy of the specification;
  4. Copy of the drawings;
  5. Copy of the claims; and
  6. Copy of Abstract.
Documents
Downloadable Forms
Agents
Fee