The current trademark regulations in Mongolia are mainly based on the revised Mongolian Trademark and Geographical Indication Law on June 10, 2010. The Mongolian Intellectual Property Office is responsible for managing trademark affairs and the official language is Mongolian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Mongolia adopts the principle of "application first". Mongolia is a signatory to international intellectual property treaties such as the Paris Convention, Nice Agreement, Nairobi Treaty, and Singapore Treaty, and a member of the Madrid Protocol and Madrid Agreement. Therefore, trademark registration can be handled through either "single country registration" or "Madrid international registration".
The Mongolian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. Unlike most countries, Mongolia does not have any requirements for the actual use of a trademark after successful registration, therefore, it cannot be revoked on the grounds of "non use". In case of infringement, the right holder may apply for revocation through "malicious registration" or the provisions of Article 6 of the Paris Convention on well-known trademarks.
At present, Mongolia adopts the Nice Classification 11th edition of goods and services descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Mongolia include: text, name, graphics, three-dimensional identification, color combination, etc. If the applicant does not reside in Mongolia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific product/service items; 3. Name and address of the applicant; 4. Power of attorney; 5.If priority is declared, priority proof documents and corresponding translations must be provided. The main process for applying for registration of a trademark in Mongolia is: application - acceptance - examination - approval - issuance - announcement. The application will be accepted 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, the registration will be approved and a registration certificate will be issued. After obtaining the certificate, a registration announcement will be arranged. Within one year from the announcement date, any interested party or prior rights holder may raise objections. The main reasons for raising objections are: 1. Conflict with prior trademarks, such as owning a prior registered trademark; 2. The trademark lacks distinctiveness; 3. The trademark has adverse effects; 4. Malicious registration. In a smooth situation, trademark registration in Mongolia takes 8-12 months; If there are any objections or rejections during the process, the time will be extended and may take more than 2 years.
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