Our member from Afghanistan, Qazi Azizullah Sadiqi, sent us a short summary on trademark protection system in his country.
The Afghanistan Patent & trademark office is operating under the Direction of Ministry of Commerce and industries of Islamic Republic of Afghanistan.
The main new provisions on trademarks, entered into force on September 1st, 2020 are following
a. Collective trademarks are known in the new provisions and can be registered.
b. Well-known trademarks are defined.
c. Three years of non-use gives the right to the third person to file a cancellation of trademarks registration.
d. The timeline in which a person can suit against a registration trademark is one year. starting from the date of registration.
e. If a trademark is registered based on non-bona fide, there is no timeline for cancellation of it.
f. Trademark`s rights enforcement is controlled and governed by “trademark registration law” . Infringement and limitation of the trademarks cause cash fine, & Recovery of the damages.
g. No one can use the trademark which is against the provision of the law
The timeline for a smooth registration process is at least three months. The official fees for trademark registration are as below:
a. New registration: 7200 afg equal to 100 USD.
b. Renewal of the trademarks Registration: 4200 Afg equal to 60 USD.