Current Practices for Trademark Applications in Afghanistan

General information of Trademark Practice in Afghanistan

Afghanistan is a member of the Paris Convention, WIPO, and the Madrid Protocol for the Protection of Intellectual Property. This allows applicants to file trademark applications while claiming priority based on their home country applications or registrations. For the classification of goods and services, Afghanistan follows the latest edition of the Nice Classification. However, it is important to note that goods listed under Class 33 (alcoholic beverages) are strictly prohibited in the country.

Individuals or legal entities seeking to register a trademark can submit their application to the Intellectual Property Department at the Afghanistan Central Business Registry under the Ministry of Commerce and Industries (ACBR-IP). Once the prescribed application form is received, its details are recorded in the ACBR-IP system, and the applicant is issued a Payment Tariff to settle the filing fees at an authorized bank. The designated Examiner at ACBR-IP will review the application and either approve or reject it within 30 days of payment confirmation. If the application is denied, the reason for refusal shall be issued, In such cases, the applicant has the right to oppose if he knows he is right.

If a trademark application is approved by the ACBR-IPor upon review by the Review Committee, the ACBR-IP will issue a Payment Tariff for the applicant to settle the publication fees. Once the payment receipt is submitted, the application is forwarded to the Official Gazette publication department under the Ministry of Justice. There, the details of the accepted trademark will be published in the Official Gazette to inform the public. At this stage, the following entities may submit opposition notices against pending applications or registered trademarks:

• For the public information of possible similar marks
• Any one can check the oficial gazette for the further detail of the mark and can file the oppostion within 30 days.

If an opposition is filed before the trademark is registered, the applicant must be notified within 15 days. If the applicant chooses not to withdraw their application, the opposing party has up to 60 days to escalate the matter to the Review Committee. During this period, the registration process will be temporarily halted. However, if the opponent fails to approach the Review Committee or does not follow up on the opposition, the trademark will proceed with registration under the applicant’s name. In cases where an opposition is raised, the applicant also has the right to submit their defense before the Review Committee to justify their claim over the mark. The Review Committee will assess the submitted documents and issue a verdict accordingly. If either party disagrees with the decision, they may challenge it before the Commercial Court.

The legal timeframe for filing any claims against a registered trademark is limited to three yearsfrom the date of registration. Any objections raised beyond this period will be considered invalid and will not be entertained.

A trademark registration remains valid for 10 years from the date of filing (or from the priority date if priority is claimed). Upon expiration, the trademark owner may apply for renewal for an additional 10 years. The renewal application must be submitted within the last 6 months of the protection period, as no grace period is granted.

In Afghanistan, the use of a trademark is not a prerequisite for filing an application or for maintaining its registration. However, if a registered trademark remains unused for a continuous period of three years from the date it is officially entered into the Register of Trade Marks, it may become subject to cancellation upon request by an aggrieved party through a formal application.

If a cancellation action is filed on the grounds of non-use, the trademark owner is responsible for proving that the mark has been used in Afghanistan. Evidence of use may include copies of bills or invoices related to the sale or distribution of products bearing the trademark to or by Afghan distributors. Additionally, advertisements featuring the trademark in journals or other media platforms may also serve as proof of use.

The unauthorized use of a registered trademark, or the imitation of such a trademark applied to goods and services of the same class, is considered an offense under the law. This includes the sale, storage for sale, or exhibition for sale of goods and services bearing a counterfeit mark, as well as the use of a legally registered mark by another person for the unauthorized promotion of goods or services within the same class. Such actions are punishable under the law.