Application requirements

IPOM (IP Office of Mongolia) requires to submit the following to file application:
1. Letter of instruction;
2. Power of Attorney (without legalization or notarization). According to the IPOM rules Power of Attorney is to be submitted at the same time with instruction letter;
3. 12 prints if the mark is a device or in color. Word mark prints can be done locally;
4. if requested home Registration or any other priority document copy;

Classification

International, multi-class filing is allowed. Expression “all goods/services belonging to a class” is not allowed. Still, it is permitted to seek protection for class-headings.

Examination

Formal and substantive examination. Applicant can make any changes to application except modification of the trademark in the process of examination procedure.

Types of marks

Protective items:
- Trade Marks
- Service Marks,
- Collective Marks,
- Certification Mark,
- Geographical Indication
Trademark may be expressed in words, figures, letters, numerals, three-dimension configurations, colors, sounds, scents, and/or any combinations thereof.

Not to register (as written in the Law translation)

1. Denominations that consist of, or identical with or similar to, the State coat of arms, flags or other State symbols of Mongolia and/or foreign countries, or official emblems, the full or abbreviated names of international organizations, governmental or non-governmental organizations;
2. Reproductions of the full or abbreviated names, portraits, pictures or signatures of famous persons, if used without the consent of those persons or their heirs;
3. Reproductions of the names, pseudonyms, portraits or pictures of historical persons of Mongolia or suggested names directly related thereto, if used in a manner disparaging them;
4. Reproductions of names or representations of Mongolian historical or cultural monuments, if used in a manner disparaging them;
5. Signs identical with, or similar to the State decorations, medals or other awards, or to official signs and hallmarks indicating control and warranty;
6. Indications, the content of which is contrary to public order or morality;
7. Indications liable to deceive or mislead consumers as to the nature, quality, geographical origin or other characteristics of the goods or service.

Official action

According to the Law of Mongolia on Trademark and Geographical Indication IPOM shall decide whether to register a trademark within 12 months from the filing date of application (on practice we need 3-7 months for obtaining registration).

Trademark validity

Trademark registration shall be valid for a period of 10 years from the filing date.

Cost

We use to issue a debit note at the end of all procedure once invoicing for the final cost. “Final cost” means final charging for all possible services related to the application up to sending of the registration certificate. This invoice covers all fees and costs on filing, search, translation, examination, publication, notification of official action, issuance of Decision and Certificate of Registration, other official procedure. Postage (including fax, DHL or other courier mailing, local and IDD phone calls) is charged additionally by actual expense. The final cost approximation is around USD850 for registration in one International Class (150 words). Extra class fee - USD100.

Marking

Use of ? is optional

ASSIGNMENT / MERGER / CHANGE OF NAME AND ADDRESS

- Application requirements
- Official action

Application requirements

1. Letter of instruction;
2. Original Mongolian Trademark certificate;
3. An extract of Assignment / Merger Agreement
4. Power of Attorney (without legalization or notarization). According to the IPOM rules Power of Attorney is to be submitted at the same time with instruction letter;
5. Assignment Deed (without legalization or notarization).
6. 6 prints if the mark is a device or in color. Word mark prints can be done locally;

Official action

Please, note that IPOM uses to issue a new certificate with newly recorded name / address of the proprietor but with previous number and data. They take the old certificate to their Documentary Archive. Due to issuance of a new certificate IPOM does not record in this certificate the process of assignment / merger / change of name and address.

RENEWAL

- Renewal requirements
- Renewal notification
- Renewal term
- Renewal deadline
- Renewal grace period

Renewal requirements

1. Letter of instruction;
2. Original Mongolian Trademark certificate;
3. Power of Attorney (without legalization or notarization). According to the IPOM rules Power of Attorney is to be submitted at the same time with instruction letter;
4. 6 prints if the mark is a device or in color. Word mark prints can be done locally;

No changes in trademark or extension in list of goods or services shall be made on the renewal of period of validity of the registration.

Term to renew trademark registration

12 months prior to expiration validity date.

Renewal term

10 years.

Renewal deadline

Expiration of trademark term.

Renewal grace period

6 months after expiration date.

NON USE CANCELLATION

Trademark may be cancelled if the trademark has not been used during 5 years.

Following actions shall be consider used:
1) using the trademark on goods, packaging or containers thereof, or in service;
2) supplying, offering for sale of goods or stocking them for such purpose, or offering
service under trademark;
3) importing or exporting goods bearing the trademark;
4) using the trademark in correspondence, prospectus or other documents and in advertising or in internet.

OPPOSITION

a) within 30 days from the date of receipt of notice on examination decision (Law art. 8.7) if the trademark does not meet requirements stipulated in the Law, IPOM refuses to register the mark. This decision is preliminary and if the applicant fails to present a reasonable response within 3 months, IPOM shall issue final decision to refuse registration of the trademark. If the applicant objects to the decision of examination, an appeal against thereof may be filed before the IPOM within 30 days from the date of receipt of notice on examination decision
b) within 2 months from the date of receipt of notice on registration cancellation (Law art.28.4) and / or on IPOM dispute (Law art.29.3) (both up to court sue) IPOM shall cancel the registration of the trademark or geographical indication in respect of the owner or user concerned in the following cases:

- if the request for renewal of trademark registration has not been submitted within 6 months from the expiry of the period of validity of the registration;
- if the trademark owner or user of a geographical indication renounces the right to own the trademark or use the geographical indication by means of a written declaration;
- if a legal person the trademark owner or user of a geographical indication has been liquidated and the right to own the trademark or use of the geographical indication has not been transferred to others or the trademark has not been assigned by means of a license agreement;
- if the trademark has not been used during a period of 5 years otherwise justifiable reason exits.

Any interested person who disagrees with the decision of the IPOM to cancel the registration of a trademark or geographical indication, may apply to the court within 2 months from the date of the receipt of the decision.