Country Data
| Official Name: | Islamic Republic of Afghanistan |
|---|---|
| Capital: | Kabul |
| Area: | 652,230 sq km |
| Population: | 37,466,414 (2021 estimate) |
| Official Language: | Dari and Pashto |
| GDP: | US$78.557 billion (PPP, 2019 estimate) |
| Currency: | Afghani (AFN) |
| Work Days: | Saturday- Wednesday |
Conventions/ Treaties
- WIPO Convention (December 13, 2005)
- TRIPS/ WTO (joined on July 29, 2016)
- Paris Convention (May 14, 2017)
- Singapore Treaty (May 14, 2017)
- Berne Convention (June 2, 2018)
- Madrid Protocol (June 26, 2018)
- Marrakesh VIP Treaty (October 26, 2018)
- WIPO Copyright Treaty (February 9, 2021)
- WIPO Performances and Phonograms Treaty (February 9, 2021)
National Legislation
- Trademarks Registration Law of 2009 as amended on March 16, 2015, read with Rules and Regulations for Registration of IPR of October 07, 2018
Basic Information
| Creation of rights: | First-to-use jurisdiction |
|---|---|
| Basis for filing: | An application can be filed even if the mark is not used |
| Well-known marks: | Special protection is available. Nevertheless, local registration of the mark is recommended |
| Types of marks: | Trademarks, Service Marks, Certification Marks, Collective Marks, Series of Marks |
| Priority: | 6-month priority |
| Madrid System: | Available |
| Filing system: | Single application to be filed. Multiple class filing system is not available. |
| Classification: | Nice Classification (10th edition) |
| Who can be Applicant: | (1) Individuals; (2) Corporate entities |
| Examination: | On formal, absolute and relative grounds |
| Publication: | Official Gazette |
| Opposition period: | 30 days from the date of publication |
| Duration of registration: | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within six months preceding the expiry date |
| Renewal grace period: | 6 months preceding the expiry |
| Grace period: | No provisions for grace period in the Law. However, in practice, the Trademark Office may allow some time for late renewal |
| Use requirement: | A trademark registration becomes vulnerable to cancellation upon the request of an interested party in case of its non-use for a continuous period of 3 years |
| Registration timeframe (straightforward case): | 7-9 months (approximately) |
Search
| Official Search: | Available for word and device marks |
|---|---|
| Scope of search: | Includes all applied-for and registered marks |
| Turnaround time: | 7 working days |
Ways to obtain registration
- Filing of national application with or without priority claim under the Paris Convention
- Applications under the Madrid System
Filing Requirements
New Applications
- Power of Attorney, duly notarized and legalized up to the Afghan Consulate.
- A certified copy of the priority document, if priority is claimed.
Renewal of Registration
- Power of Attorney, duly notarized and legalized up to the Afghan Consulate.
- A simple copy of the last renewal certificate.
Change of Name / Address Recordation
- Power of Attorney in the new name/ address of the trademark owner, duly notarized and legalized up to the Afghan Consulate.
- Certificate of change of name/ address, duly legalized up to the Afghan Consulate.
- Original trademark registration certificate for endorsement purposes.
Assignment Recordation
- Power of Attorney from the assignor, duly notarized and legalized up to the Afghan Consulate.
- Power of Attorney from the assignee, duly notarized and legalized up to the Afghan Consulate.
- Deed of assignment, duly notarized and legalized up to the Afghan Consulate.
- Original trademark registration certificate for endorsement purposes.
Merger Recordation
- Power of attorney from the surviving entity, duly legalized up to the Afghan Consulate.
- Merger document, duly legalized up to the Afghan Consulate.
- Original trademark registration certificate for endorsement purposes.
License Recordation
- Power of attorney from the licensor, duly legalized up to the Afghan Consulate.
- Power of attorney from the licensee, duly legalized up to the Afghan Consulate.
- License agreement, duly notarized and legalized up to the Afghan Consulate.
- Original trademark registration certificate for endorsement purposes.
Presently there is no patent law in force in Afghanistan and as a result filing of applications for grant of patents is not possible. Hence, publication of cautionary notices in local newspapers may be considered as an option to protect IP rights in relation to inventions.
Through cautionary notices the public may be made aware of the claim of ownership to the invention alerting third parties against infringement. Such notices may also have persuasive value in the court in case of infringement. Cautionary notices are recommended to be republished at reasonable intervals as a reminder to the public.
At the present, there is no industrial designs law in force in Afghanistan and as a result no application can be filed for registration thereof. Hence, publication of cautionary notices in local newspapers may be considered as an option to protect industrial designs. Alternatively, wherever appliable, a design may also be protected through registration as a trademark.
There is no copyright law in force in Afghanistan at the present. Since Afghanistan is a party to the Berne Convention for the Protection of Literary and Artistic Works, protection may be considered automatic in Afghanistan in the absence of possibility of local filing.
