Law Optic IP & Law
Services (LO) has a significant practice in all areas of trademark,
including domestic and foreign trademark prosecution, trademark clearance and
other counseling issues, licensing and enforcement of trademark and litigation.
Huge numbers of clients rely upon LO to handle their trademark prosecution
matters before the Afghanistan Patent & Trademark Office (APTO). These
matters range from basic applications to complex issues. LO ranks the best
place among other agencies in Afghanistan. Through our foreign associates, we are
able to provide our clients with efficient and expedient trademark protection
in many countries.
professionals include experienced lawyers and have experience in filing and
prosecuting trademark applications in Afghanistan.
On the counseling front,
LO manages sophisticated trademark search and clearance projects and
advises clients on a wide range of substantive issues.
In addition to helping
clients to secure their trademark rights, LO actively protects and
enforces those rights through traditional trademark and unfair competition
suits. The firm's lawyers have extensive experience before the courts and the
Afghanistan Trademark Office. LO has represented trademark owners in
emergency litigation, infringement and unfair competition actions,
anti-counterfeiting, licensing disputes, oppositions to trademark applications.
In trademark disputes,
our lawyers represent clients in administrative and judicial proceedings in
establishing and enforcing or challenging trademark rights, including dilution
We're able to monitor
the Official Gazette published monthly by the Afghanistan Trademark Office,
notify our clients of the publication of potentially conflicting trademarks,
and will oppose them if authorized by the clients.
Law of Afghanistan September 1, 2009 & its amendments of March 16, 2015.
is a member of the Paris Convention and the Singapore Treaty as of May 14,
Edition of Nice Classification is applicable in Afghanistan.
There is no trademark protection for alcoholic beverages included in class 33.
pictures or other signs which are contrary to the public order or supposed to be
immoral are not registerable.
Service marks, Collective marks & 3D marks are registerable in Afghanistan.
of Trademark Registration
application is filed at the Afghanistan Patent & Trademark Office (APTO).
applications are not acceptable in Afghanistan.
is a member of Paris convention and claiming of priority is possible under the Paris
application process includes a formal examination, an examination of
distinctiveness and a search for prior trademarks.
applications accepted by the Registrar are published in the official gazette
prior to registration and approximate time frame for completion of trademark
registration is 7-9 months.
trademark registration is valid for 10 years from date of application and the
registration is renewable for periods of 10 years.
is no any provision for grace periods in the Trademark Law of Afghanistan.
Earlier the trademark department had allowed a 6 month grace period from the
expiration date but this practice ended by the end of December 2017. Therefore,
the owner of a trademark registration in Afghanistan should apply for renewal
of its trademark registration before expiration of the registration; otherwise,
it will not be renewable.
registered trademark may be subject for a cancellation action by any interested
party if it has not been used for a period of 3 consecutive years.
power of attorney duly legalized and notarized up to the Afghan Consulate.
the documents submitted at the APTO must be accompanied with a certified local
language (Dari or Pashto) translation.
to the registration of a trademark must be filed no later than one month from
the date of publication of the trademark application in the official gazette.
Action against a registered trademark must be filed no later than two years
from the date of registration of the trademark and well-known trademarks are
exceptional from this provision.
cancellation action should be filed at the Primary Commercial Court.
Law Optic | Law Services
Shamsi Plaza, 2nd Floor, Office # A-06, Kulola Pushta Main Road, Kabul – Afghanistan