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Un unoff c al translat on

LAW OF MONGOLIA ON

TRADE MARKS AND GEOGRAPHICAL INDICATIONS

Chapter One

General Prov s ons

Art cle 1. Purpose of the Law 1.1. The purpose of th s law shall be to ensure the legal guarantees for
trademarks and serv ce marks (here nafter referred to as trademarks) and geograph cal nd cat ons, to protect the
r ghts and leg t mate nterests of the r owners and users, and to govern relat ons ar s ng n connect on w th the
ownersh p, use and d sposal of trademarks and the use of geograph cal nd cat ons.

Art cle 2. Leg slat on on Trademarks and Geograph cal Ind cat ons

2.1. The leg slat on on trademarks and geograph cal nd cat ons shall cons st of the Const tut on of
Mongol a, the C v l Law, th s law and other leg slat ve acts ssued n conform ty w th them.

2.2. If an nternat onal treaty to wh ch Mongol a s party prov des rules d fferent from those la d down n
th s law, the prov s ons of the nternat onal treaty shall be appl cable.

Art cle 3. Def n t ons n th s Law

3.1. For the purposes of th s law the follow ng terms shall have the follow ng mean ngs:

3.1.1. "trademark" means d st nct ve express on used by a natural or a legal person n order to
d st ngu sh the goods or serv ces from those of others;

3.1.2. "collect ve mark" means a trademark used under the assoc ated control by members of
manufacturers and serv ce prov ders’ assoc at ons or soc et es and wh ch are establ shed n accordance w th the
country's leg slat on;

3.1.3. "cert f cat on mark" means a trademark to be used by others, when author zed organ zat on
cert f es qual ty, method of product on and other character st cs of certa n goods or serv ces;

3.1.4. “geograph cal nd cat on” means the geograph cal def n t on of a country, reg on or
local ty where the goods or products or g nated there n w th a g ven qual ty, reputat on or other character st cs
that are dent f ed by factors of nature and cl mat c cond t on or people custom of g ven terr tory;

3.1.5. "reg stered trademark or geograph cal nd cat on" means a trademark or geograph cal
nd cat on wh ch s reg stered n State reg ster accord ng to procedures la d down by the law;

3.1.6. "cert f cate" means a document ssued by the State wh ch attests the r ghts of a reg stered
trademark owner or a user of a reg stered geograph cal nd cat on;

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3.1.7. "owner of a trademark" means a person who has obta ned the r ght to own of a reg stered
trademark accord ng to procedures la d down by the law;

3.1.8. "user of a geograph cal nd cat on" means a person who has obta ned the r ght to use a
geograph cal accord ng to procedures la d down by the law for h s/her own goods and products;

1. "appl cat on" means a request for reg strat on of a trade mark or a geograph cal nd cat on and other
relevant documents requ red by the law wh ch are f led w th the Intellectual Property Off ce by a natural
person or a legal person;

1. “Formal ty check” means procedures of the Government Agency n Charge of Intellectual Property
Matters, to check whether t compl es w th the requ rements prov ded for n Art cle 6, 21 of th s Law;

1. “exam nat on” means procedures of the Government Agency n Charge of Intellectual Property Matters to
f nd out and to make dec s on whether the g ven trademark, geograph cal nd cat on compl es w th
requ rements prov ded n Art cle 5, 20 of th s Law;

1. "l cense agreement" means a wr tten agreement made w th another person by the owner of a trademark to
use the reg stered trademark;

1. "well-known mark" means a trademark that has become well known n the terr tory of Mongol a n the
relevant sector regardless whether the trademark s not reg stered;

1. “Off c al Per od cal Gazette” means a gazette, web page and electron c nformat on publ shed by the
Government Agency n Charge of Intellectual Property Matters;

1. "f l ng date" means the date on wh ch s spec f ed n Art cle 7.2, 11.2, 23.2 of th s Law;

1. "pr or ty date" means the date on wh ch a trademark appl cat on s f led for reg strat on n any country
party to the Par s Convent on or a Member of the World Trade Organ zat on before appl cat on f l ng date
or the date wh ch s spec f ed n art cle11 of the Par s Convent on;

1. "Goods and serv ces class f cat on" means the Internat onal Class f cat on of Goods and Serv ces for the
Purposes of the Reg strat on of Marks, establ shed by the N ce Agreement of June 15, 1957;

1. "Internat onal reg strat on of trademarks" means a reg strat on effected by the Internat onal Bureau of the
World Intellectual Property Organ zat on under the prov s ons of the Madr d Agreement and the Madr d
Protocol;
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1. "Par s Convent on" means the Par s Convent on for the Protect on of Industr al Property, concluded on
March 20, 1883, as rev sed and amended;

1. "Madr d Agreement" means the Madr d Agreement Concern ng the Internat onal Reg strat on of Marks,
concluded on Apr l 14, 1891, as rev sed and amended;

1. "Madr d Protocol" means the Protocol Relat ng to the Madr d Agreement Concern ng the Internat onal
Reg strat on of Marks, adopted on June 27, 1989;

1. “Common Regulat on” means the Implement ng Regulat ons the Madr d Agreement and Madr d Protocol.

CHAPTER TWO

PROTECTION OF TRADEMARK RIGHTS

Art cle 4. Representat on of the trademark

4.1 Trademarks may be expressed n words, f gures, letters, numerals, three-d mens onal conf gurat ons,
colors, sounds, scents or any comb nat ons thereof.

Art cle 5. Requ rements for Reg ster ng a Trademark

5.1 Follow ng wh ch do not have devo d of d st nct ve character shall not const tute a trademark

5.1.1. In case of only letters or numerals, common geometr cal shapes, generally known terms,
names

5.1.2. names determ n ng the goods or serv ces, words or f gures nd cat ng the quant ty, s ze,
we ght, qual ty, purpose, pr ce, or place, t me or method of manufactur ng

5.1.3 Und st ngu shable shapes or f gures of goods and the r packag ng

5.1.4 n case of only reproduct ons of names or representat ons of Mongol an h stor cal and cultural
monuments

5.1.5 n case of only reproduct ons of the names, pseudonyms, portra ts or p ctures of h stor cal
persons of Mongol a or suggested names d rectly related thereto

5.2. The follow ng shall not be reg stered as trademark:

5.2.1 denom nat ons that cons st of, or dent cal w th, or s m lar to, the nat onal emblems, flags or other
State symbols of Mongol a or member countr es of the Par s Convent on and the WTO, or off c al emblems, the
full or abbrev ated names of Intergovernmental nternat onal organ zat ons w thout the author zat on of the
competent author t es, organ zat ons, and of that country;

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5.2.2 reproduct ons that cons st of the full names or pseudonyms, portra ts, p ctures of Mongol an
famous persons w thout the consent of those persons or the r he rs;

5.2.3 s gns dent cal w th, or s m lar to the Mongol an State decorat ons, medals or other awards, or to
off c al s gns and hallmarks nd cat ng control and warranty;

5.2.4 nd cat ons, the content of wh ch s contrary to publ c order or moral ty;

5.2.5. nd cat ons l able to dece ve or m slead consumers as to the nature, qual ty, geograph cal
or g n or other character st cs of the goods or serv ces.

5.2.6. t s dent cal w th a trademark reg stered or appl ed for reg strat on n Mongol a n respect
of dent cal goods or serv ces;

5.2.7. t s dent cal w th, or s m lar to, a trademark reg stered or appl ed for reg strat on n
Mongol a n respect of s m lar goods or serv ces where ts use would result n a l kel hood of confus on on the
part of consumers;

5.2.8. t s dent cal w th, or s m lar to, a trademark wh ch has become well-known among the
publ c, regardless of the nature of the goods or serv ces and where the use would result n a l kel hood of
confus on on the part of consumers, take unfa r advantage of, ga n prof ts from, cause damages, or be
detr mental to, the repute of the well-known trademark;

5.2.9. t would confl ct def n tely w th a famous copyr ght and related r ghts or ndustr al
property r ght n Mongol a.

5.3 When the elements prov ded n Art cle 5.1, 5.2.1 of th s law not compound whole part of the
trademark, t can be reg stered t d scla m ng g ven words or f gures

5.4 The Government Agency n Charge of Intellectual Property Matters (here nafter referred to as
The Government Agency) shall approve Rules of Ident f cat on of Mongol an h stor cal, famous persons and
F l ng of trademark appl cat on and exam nat on prov des n Art cle 5.1.5, 5.2.2

5.5 The Government Agency shall approve the l st of Well-known trademark prov ded n Art cle
3.1.13 and shall publ sh n Off c al per od cal gazette prov ded n Art cle 3.1.14.

Art cle 6. F l ng of Trademark Appl cat on

6.1. A trademark appl cat on (here nafter referred to as appl cat on) shall be f le n Mongol an w th
the Government Agency by a natural or a legal person w sh ng to reg ster the trademark.

6.2 Trademark appl cat on shall be f led by the appl cant or by the ntellectual property representat ve
prov ded n Art cle 31 of th s Law.

6.3 One trademark appl cat on shall be related to one trademark.

6.4 The appl cat on shall conta n the follow ngs:

6.4.1 An appl cat on accord ng to form approved by the Government Agency.

6.4.2 Fee Rece pt wh ch s pa d n compl ance w th Art cle 9.4 of th s Law and documents n compl ance
w th Art cle 6.6.

6.5 The appl cat on prov ded n art cle 6.4.1 shall nd cate follow ngs.

6.5.1. a request for reg strat on of the trademark

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6.5.2. the fam ly name, surname, g ven name and address of the appl cant, the name of a state of
nat onal ty, dom c le or establ shment, the date of f l ng of the appl cat on and s gnature where the appl cant s
natural person

6.5.3. the off c al des gnat on, address, the legal nature, the name of a state of establ shment and a
s gnature of an author zed person, seal where the appl cant s a legal person,

6.5.4. the fam ly name, surname, g ven name and address of that representat ve and a s gnature
where the appl cant represents by the ntellectual Property representat ve

6.5.5. a declarat on cla m ng the pr or ty where the appl cant w shes to cla m the pr or ty date

6.5.6 a reproduct on of appl ed trademark for reg strat on

6.5.7 a descr pt on of the trademark

6.5.8 a statement of the trademark representat on

6.5.9 where the trademark s collect ve mark, a statement to that effect

6.5.10 where the trademark s cert f cat on mark, a statement to that effect

6.5.11 a transl terat on of the mark nto Cyr ll c characters, or where t s n a fore gn language, a
translat on thereof where the trademark s expressed n characters other than Cyr ll c

6.5.12. Class f cat ons of the goods and serv ces perta n ng to the trademark or l st of the goods
and serv ces.

6.6. Follow ngs shall be accompan ed w th Trademark appl cat on

6.6.1 regulat ons govern ng the use of collect ve mark, names of the author zed person ent tled the use
thereof where the appl cant w shes to reg ster the trademark as a collect ve mark,

6.6.2 regulat ons govern ng of the use of cert f cat on mark, ev dence to the effect that an organ zat on s
cert f ed organ zat on where the appl cant w shes to reg ster the trademark as a cert f cat on mark

6.6.3 cert f ed copy of the appl cat on the pr or ty of wh ch s cla med, or related ev dence where the
appl cant w shes to cla m the pr or ty date,

6.6.4 the power of attorney where the appl cant represents by the ntellectual Property representat ve,

6.7 When two or more ent t es are us ng dent cal trademark for s m lar goods or serv ces, t shall
protect the r ghts to own of who has f rst appl ed for reg strat on.

Art cle 7 Formal ty check of Trademark appl cat on and accord ng f l ng date

7.1 The Government agency shall formal ty check w th n 10 work ng days from the date of rece pt of
g ven trademark appl cat on.

7.2 Where the Government agency f nds that appl cat on meets requ rements of formal ty check, the
f l ng date of the appl cat on shall be accorded as of the date of rece pt and shall not fy t n wr t ng the appl cant.

7.3 Where the Government agency f nds that appl cat on does not meet requ rements of formal ty check,
shall not fy n wr tten the appl cant and appl cant shall make necessary correct ons w th n 20 days of rece pt of

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such not f cat on

7.4 Where the correct ons are subm tted by the appl cant w th n the t me l m t referred to 7.3 of th s Law,
the Government agency shall cons der/accord the f l ng date as of the date of n t al rece pt of the appl cat on and
shall not fy t n wr t ng the appl cant.

7.5 Where the correct ons fa led to be subm tted by the appl cant w th n the t me l m t referred to 7.3 of
th s Law, the Government agency shall cons der abandoned and shall not fy t the appl cant where the
correct ons fa led to be subm tted by the appl cant w th n the t me l m t referred to 7.3 of th s Law, the
Government agency shall cons der that appl cant abandoned h s/her appl cat on and not fy about t the appl cant
n wr tten

7.6 The tems referred to 6.6 of th s law shall be subm tted to the Government agency w th n 2 months
from the f l ng date of the appl cat on

7.7 Where the tems referred to 6.6 of th s Law fa led to be subm tted w th n the t me l m t referred to 7.6
of th s Law, the Government agency shall cons der that appl cant abandoned h s/her appl cat on and not fy about
t to the appl cant.

Art cle 8. Exam nat on of Trademark Appl cat ons

8.1. The Government agency shall exam ne whether the trademark could be meet requ rements
prov ded for Art cle 5 of th s Law and ssue an exam nat on report after formal ty check and follow ng the
accorded a f l ng date of trademark n compl ance w th Art cle 7 of th s Law,

8.2 The Government agency shall exam ne w th n 9 months from the f l ng date of the appl cat on; f
necessary, th s per od may be extended up to 6 months.

8.3 Where the Government Agency f nds that a trademark meets the requ rements prov ded for n Art cle
5 of th s Law, t shall ssue an exam nat on report and make dec s on to reg ster n State trademark reg ster based
on the report.

8.4 Where the Government Agency f nds that a trademark does not meet the requ rements prov ded n
Art cle 5 of th s Law, t shall ssue an exam nat on report on t and make prov s onal dec s on to refuse the
reg strat on of the trademark based on the report, and not fy appl cant n wr tten.

8.5 Where the appl cant d sagree the dec s on referred to Art cle 8.4, reasoned response shall be
subm tted to the Government Agency w th n three months from the date of rece pt of the correspond ng
dec s on.

8.6 The Government Agency shall make f nal dec s on to reg ster a trademark w th n three months from
the date of rece pt of the response referred to Art cle 8.5.

8.7 Where the appl cant fa led to subm t the response referred to Art cle 8.5 w th n the prescr bed term,
The Government Agency shall make f nal dec s on to refuse the reg strat on of the trademark and not fy the
appl cant n wr t ng.

8.8 The appl cant may, n the course of exam nat on, make any changes to the appl cat on except a
mod f cat on of the trademark; however, new appl cat on must be f led f the goods or serv ces class f cat on s
added to the appl cat on of the trademark.

8.9 The appl cant may, n the course of exam nat on, d v de the appl cat on related to more than one class
of goods or serv ces and f le separate trademark appl cat ons.

Art cle 9. Reg strat on and Publ cat on of Trademarks

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9.1 The Government Agency shall record the trademark n the State Trademark Reg ster, ssue a
cert f cate where the dec s on has been taken to reg ster the trademark.

9.2 The State Trademark shall conta n reg strat on number. Appl cat on number, fam ly name, surname,
name, the off c al des gnat on of a legal person, address, country name of the owner of the trademark,
reproduct on of the trademark, a l st of the goods and/or serv ces perta n ng to the trademark, grouped accord ng
to the Internat onal Class f cat on, the f l ng date, pr or ty date, per od of val d ty of the reg strat on, and non-
protected words and f gures.

9.3 A trademark reg strat on shall be val d for a per od of 10 years follow ng the f l ng date and may be
renewed by 10-year per ods at the request of the owner.

9.4 Fees under a tar ff prescr bed by the Law of Mongol a on Stamp Dut es and serv ce fee shall be
payable for the ssue of cert f cates and renewal of the per od of val d ty of the reg strat on.

9.5 The Government agency shall not fy the reproduct on and b bl ograph c data of the trademark n the
Off c al per od cal Gazette prescr bed n Art cle 3.1.14 of th s Law

9.6 Reg stered trademark shall relate only reg stered goods and serv ces and effect for the owner referred
to Art cle 12.2.

Art cle 10. Record the changes n the State reg strat on of trademark

10.1 State trademark reg strat on shall be recorded follow ng changes at the request of the owner.

10.1.1 Renewal of the per od of val d ty of the reg strat on

10.1.2 Change n the name or address of the trademark owner

10.1.3 transfer of the trademark owner’s r ghts

10.1.4 l m tat on to class f cat on and l st of the goods and serv ces

10.2 The request for renewal of the per od of val d ty of the reg strat on shall be subm tted to the
Government agency dur ng the last year of val d ty of the reg strat on or w th n 6 months from exp ry date of
val d ty of the reg strat on.

10.3 No changes n the trademark or extens on n the l st of goods or serv ces shall be made on the
renewal of the per od of val d ty of the reg strat on.

10.4. Where the name or address changes and the r ght of the owner of a trademark transfers, The
Government Agency must be not f ed n wr t ng w th n 6 months after the day the change occurs; the relevant
changes shall be recorded n the State Reg ster.

10.5 f any change n State reg strat on, the Government Agency shall publ sh t n the Off c al Per od cal
Gazette referred to Art cle 3.1.14 of th s Law.

Art cle 11. Proceed ngs relat ve to Internat onal reg strat on of trademarks

11.1 Related prov s on of the Art cle 8-10 of th s Law shall be appl cable for trademark reg strat on and
exam nat on des gnat ng Mongol a by nternat onal appl cat on.

11.2 The f l ng date of the trademark appl cat on des gnat ng Mongol a by nternat onal appl cat on shall
be accorded as of the date of the nternat onal reg strat on or of the date of the request for terr tor al extens on of
the reg strat on.

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11.3 Any Mongol an natural or legal person or any person w th permanent res dence or who s engaged
n the manufactur ng of goods or the prov s on of serv ces n Mongol a who has appl ed for or reg stered the
trademark n compl ance w th the procedure la d down n th s Law, w sh ng to reg ster the trademark n the
member countr es of Madr d Agreement and Protocol, shall f le the nternat onal trademark appl cat on h mself
or by representat ve to the Internat onal Bureau

11.4 The Government Agency s Rece v ng Off ce for an appl cat on referred to Art cle 11.3 of
th s Law.

11.5 F l ng the nternat onal trademark appl cat on shall follow prov s on of the Common Regulat ons of
the Madr d Agreement and the Madr d Protocol.

11.6 Request for renewal of the nternat onal trademark reg strat on, transfer of the trademark owner’s
r ghts, cancellat on or terr tor al extens on shall be subm tted to the Internat onal Bureau through the
Government Agency.

11.7 Internat onal trademark reg strat on fees shall be pa d by the appl cant to the Internat onal Bureau n
compl ance w th the Common Regulat ons.

CHAPTER THREE

EXCLUSIVE RIGHT OF TRADEMARK OWNER

Art cle 12. Exclus ve r ght of trademark owner

12.1 The exclus ve r ghts of a trademark holder ar se on the reg strat on of the trademark n State
Reg ster.

12.2. The exclus ve r ghts of the trademark owner shall be exerc sed w th n the scope of the l st of the
reg stered goods or serv ces.

12.3. The trademark owner shall have the follow ng exclus ve r ghts n respect of the trademark:

12.3.1 to own reg stered trademark;

12.3.2 to perm t others the use of reg stered trademark;

12.3.3 to transfer reg stered trademark to others;

12.3.4 where the reg stered trademark s used by others w thout perm ss on/consent, to request to
d scont nue the use of a mark;

12.3.5 to request to d scont nue the use of a mark by others wh ch s dent cal w th or s m lar to the
reg stered trademark where ts use would result n a l kel hood of confus on on the part of consumers.

12.3.6 to cla m compensat on from gu lty person for damages caused by act ons referred to Art cles
12.3.4, 12.3.5 of th s law.

Art cle 13. Use of Trademark

13.1 The follow ng cases shall be cons dered to use of a mark:

13.1.1. If us ng the trademark on the goods, packag ng or conta ners thereof, or n serv ces;

13.1.2. f supply ng, offer ng for sale the goods or stock ng them for such purposes, or offer ng
serv ces under the trademark;
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13.1.3. f mport ng or export ng the goods bear ng the trademark;

13.1.4. f us ng the trademark n correspondence, prospectus or other documents and n

advert s ng or n Internet;

13.2 The trademark owner may use a c rcled Lat n letter R alongs de the trademark to show that the
trademark s reg stered.

13.3 The ntellectual property valuat on of trademark can be used n property approval, pledge,
nvestment, ssue of stock, pr vat zat on, auct on, equ ty fund and nsurance.

13.4 Any contract s concluded for the purpose of 13.3 of th s law, the contract shall be reg stered to the
Government Agency.

Art cle 14 Use of Collect ve mark

14.1 The owner of a collect ve mark shall be a person wh ch controls ts use, wh le members of
manufacturers and serv ce prov ders’ assoc at ons or soc et es shall be ent tled only to use the collect ve mark
under the assoc ated control.

14.2 The owner and user of a collect ve mark shall be ent tled to take prevent ve measures aga nst
unlawful use of the mark.

14.3 The owner and user of a collect ve mark shall be ent tled to cla m compensat on gu lty person for
the damage caused by unlawful use of the collect ve mark or a mark s m lar thereto.

Art cle 15. Use of Cert f cat on mark

15.1 The owner of a cert f cat on mark shall be a cert f cat on organ zat on wh ch attests spec f c
character st cs of the goods or serv ces, wh le natural or legal persons author zed thereby shall be ent tled to use
the cert f cat on mark.

15.2 The person author zed to use a cert f cat on mark shall be ent tled to take prevent ve measures
aga nst unlawful use of the mark w th the perm ss on of the owner of the mark.

15.3 The owner of a cert f cat on mark shall, on behalf of a person author zed to use the mark, be
ent tled to cla m compensat on for the damage caused by unlawful use of the cert f cat on mark or a mark s m lar
thereto by others.

15.4 For the cert f cat on mark wh ch cons sts of a geograph cal nd cat on and attests an or g n of the
goods, the prov s ons of th s Law relat ng to geograph cal nd cat ons shall be appl cable.

Art cle 16. Transfer of Trademark R ghts

16.1 A trademark owner may transfer the r ght to own a trademark to others by means of a wr tten
agreement w th respect of all or some of the goods or serv ces related to reg stered trademark.

16.2 The agreement transferr ng the r ght to own the trademark shall be recorded w th the Government
Agency, and the transfer of r ghts shall be effect ve upon recordat on of relevant changes n State Trademark
Reg ster.

16.3. The Government Agency shall nform the publ c the transfer of r ght of the trademark by off c al
publ cat on referred to Art cle 03.1.14 of th s Law.

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Art cle 17 Use of trademark by others / Perm ss on to use trademark by others

17.1. A trademark owner may, under a l cens ng agreement, perm t to use other person to use the
trademark w th respect to all or some of the goods or serv ces for wh ch t s reg stered.

17.2 L cense agreement shall be done n wr tten and t w ll be effect ve after s gned by two part es and
reg stered n the Government Agency.

17.3 Fees under a tar ff prescr bed by the Law of Mongol a on Stamp Dut es and serv ce fee shall be
payable for the recordat on of the l cense agreement.

17.4 The Government Agency shall nform to the publ c the nformat on on the reg stered l cense
agreement by off c al publ cat on referred to 03.1.14 of th s Law

Art cle 18 Term nat on of Trademark R ghts

18.1. The r ght to own the trademark shall term nate on the follow ng grounds:

18.1.1. where the per od of val d ty of the reg strat on s exp red or the request for renewal of
trademark reg strat on has not been subm tted w th n t me l m t referred to 10.2 of th s Law;

18.1.2. l qu dat on of the legal ent ty wh ch s own the trademark where there s no transfer to
others;

18.1.3. where a trademark owner s subm tted a request for cancellat on;

18.1.4 Other grounds la d down n law.

18.2 When trademark owner’s r ght s term nated the Government Agency shall nform t the
publ c by off c al publ cat on referred to 03.1.14 of th s Law.

CHAPTER FOUR

PROTECTION OF GEOGRAPHICAL INDICATION

Art cle 19. Geograph cal nd cat ons representat on

19.1 Geograph cal nd cat ons may be expressed n solely geograph cal name of a local ty that dent f es
a good as or g nat ng there n or comb nat on of name of the goods.

Art cle 20. Geograph cal Ind cat ons and Requ rements Related Thereto

20.1 A follow ng nd cat on shall not be cons dered as a geograph cal nd cat on f:

20.1.1 t does not fall nto the def n t on prov ded for Art cle 3.1.4 of th s Law.
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20.2 A geograph cal nd cat on shall not be reg stered f:

20.2.1 t has become a gener c name n the terr tory of Mongol a to denote goods of a certa n k nd.

Art cle 21. F l ng of Appl cat ons of geograph cal nd cat ons

21.1 Organ zat on or assoc at on or un on of un f ed manufacturers of products related to geograph cal

nd cat on wh ch has a request to reg ster geograph cal nd cat on shall supply wr tten appl cat on of
geograph cal nd cat on under bases of legal r ghts represent ng the manufacturer n accordance w th regulat on
approved by Government Agency.

21.2 Geograph cal Ind cat on appl cat on shall f le by the appl cant or by the representat ve referred to
Art cle 31 of th s Law.

21.3 One Geograph cal Ind cat on appl cat on shall relate to one Geograph cal Ind cat on.

21.4 An appl cat on shall conta n the follow ngs:

21.4.1 An appl cat on accord ng to form approved by the Government Agency.

21.4.2 Fee Rece pt wh ch s pa d n compl ance w th Art cle 25.4 of th s Law

21.5 The appl cat on shall be g ven follow ngs.

21.5.1 a request for reg strat on of the geograph cal nd cat on

21.5.2. the off c al des gnat on, address, the legal nature, the name of a state of
establ shment of the appl cant and a s gnature of an author zed person, seal;

21.5.3. Where the appl cant has an Intellectual Property representat ve, the fam ly name,
surname, g ven name and address of that representat ve and a s gnature

21.5.4 Appl ed geograph cal nd cat on for reg strat on

21.5.5. where the geograph cal nd cat on s expressed n characters other than Cyr ll c, a
transl terat on of the geograph cal nd cat on nto Cyr ll c characters, or where t s n a fore gn language, a
translat on thereof;

21.5.6. Class f cat ons of the goods and serv ces perta n ng to the geograph cal nd cat on
or l st of the goods and serv ces.

21.5.7 the geograph cal local ty of the place;

21.5.8 descr pt on about how g ven qual ty, reputat on and other character st cs of the goods assoc ated
w th natural and cl mat c cond t on and nherent human factors of part cular geograph cal env ronment.

21.6 The appl cat on for a geograph cal nd cat on shall be accompan ed the follow ng:

21.6.1 Document ssued by the Author zed organ zat on cert fy ng/conf rm ng that the product on
act v ty s carr ed on n the geograph cal local ty concerned;

21.6.2 Conclus on ssued by the Author zed organ zat on cert fy ng/conf rm ng that how g ven qual ty,
reputat on and other character st cs of the goods assoc ated w th natural and cl mat c cond t on and nherent
human factors of part cular geograph cal env ronment.

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21.6.3 Where fore gn Geograph cal Ind cat on s f led for reg strat on, document cert fy ng that where the
geograph cal nd cat on s protected n home country

21.6.4 Power of attorney, f the appl cat on s f led by the representat ve;

Art cle 22. Descr pt on of the goods bear ng the geograph cal nd cat on

22.1 The goods bear ng the geograph cal nd cat on shall be def ned the follow ng features.

22.1.1 Name of the goods shall be cons sted of the Geograph cal nd cat on;

22.1.2 descr pt on of the goods related to the geograph cal nd cat on shall be conta ned chem cal,
phys cal, m crob olog cal, structural character st cs;

22.1.3 It shall nd cate def n tely the geograph cal area related to the Geograph cal Ind cat on;

22.1.4 goods related to the geograph cal nd cat on shall be conf rmed that t s or g nated from that
geograph cal area;

22.1.5 It shall be conf rmed that g ven goods are produced n connect on w th or g n, natural and human
factors, features of geograph cal env ronment;

22.1.6. Descr pt on of permanent and stat onery methods of spec f c product on for the relevant
geograph cal area.

Art cle 23. Formal ty check of GI appl cat on and accord ng f l ng date

23.1 The Government agency shall formal ty check w th n 10 work ng days from the date of rece pt of
g ven geograph cal appl cat on.

23.2 Where the Government agency f nds that appl cat on meets requ rements of formal ty check, shall
accorded the f l ng date as of the date of rece pt and shall not fy t n wr t ng the appl cant.

23.3 Where the Government agency f nds that appl cat on does not meet requ rements of formal ty
check, shall not fy n wr t ng the appl cant and appl cant shall make necessary correct ons w th n 10 days of
rece pt of such not f cat on

23.4 Where the correct ons are subm tted by the appl cant w th n the t me l m t referred to 23.3
of th s Law, the Government agency shall cons der/accord the f l ng date as of the date of n t al rece pt of the
appl cat on and shall not fy t n wr t ng the appl cant.

23.5 Where the correct ons fa led to be subm tted by the appl cant w th n the t me l m t referred to
Art cle 23.3, the Government agency shall cons der abandoned and shall not fy t the appl cant

Where the correct ons fa led to be subm tted by the appl cant w th n the t me l m t spec f ed n Art cle
23.3, the Government agency shall cons der that appl cant abandoned h s/her appl cat on and not fy about t to
the appl cant.

23.6 The tems referred to Art cle 21.6 shall be subm tted to the Government agency w th n 2
months from the f l ng date of the appl cat on.

23.7 Where the tems referred to Art cle 21.6 fa led to be subm tted w th n the t me l m t referred to
Art cle 23.6, the Government agency shall cons der that appl cant abandoned h s/her appl cat on and not fy
about t to the appl cant.

Art cle 24. Exam nat on of Geograph cal Ind cat on Appl cat on
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24.1 Follow ng the accorded a f l ng date and formal ty check n compl ance w th Art cle 23 of th s
Law, The Government agency shall exam ne whether the trademark could be meet requ rements prov ded for
Art cle 20 of th s Law and ssue an exam nat on report.

24.2 The Government agency shall exam ne w th n 6 months from the f l ng date of the appl cat on; f
necessary, th s per od may be extended up to 6 months.

24.3 Where the Government Agency f nds that a trademark meets the requ rements prov ded for n
Art cle 20 of th s Law, t shall ssue an exam nat on report and make dec s on to reg ster n State trademark
reg ster based on the report.

24.4 Where the Government Agency f nds that a trademark does not meet the requ rements prov ded for
n Art cle 20 of th s Law, t shall ssue an exam nat on report on t and make prov s onal dec s on to refuse the
reg strat on of the trademark based on the report, and not fy appl cant n wr tten.

24.5 Where the appl cant d sagree the dec s on referred to 24.4, reasoned response shall be subm tted to
the Government Agency w th n three months from the date of rece pt of the correspond ng dec s on.

24.6 The Government Agency shall make f nal dec s on to reg ster a trademark w th n three months from
the date of rece pt of the response referred to 24.5.

24.7 Where the appl cant fa led to subm t the response referred to Art cle 24.5 w th n the prescr bed
term, The Government Agency shall make f nal dec s on to refuse the reg strat on of the geograph cal nd cat on
and not fy the appl cant n wr t ng.

24.8 The appl cant may, n the course of exam nat on, make any changes to the appl cat on except a
mod f cat on of the geograph cal nd cat on.

Art cle 25. Reg strat on of Geograph cal Ind cat on, Publ cat on

25.1 Where the dec s on has been taken to reg ster the geograph cal nd cat on, the Government Agency
shall record the geograph cal nd cat on n the State Reg ster of Geograph cal nd cat on, ssue a cert f cate.

25.2 The State Reg ster of Geograph cal nd cat on shall conta n data on the reg strat on number,
appl cat on number of g ven geograph cal nd cat on, off c al des gnat on of a legal person, address, countr es
name, reproduct on of the geograph cal nd cat on, name of the goods perta n ng to the geograph cal nd cat on,
grouped accord ng to the Internat onal Class f cat on and the f l ng date.

25.3 A reg strat on of geograph cal nd cat on shall be val d beg nn ng from the f l ng date and shall be
unl m ted n t me.

25.4 Fees under a tar ff prescr bed by the Law of Mongol a on Stamp Dut es and serv ce fee shall be
payable for the ssue of cert f cates.

25.5 The Government agency shall nform the reproduct on and b bl ograph c data of the Geograph cal
nd cat on n the Off c al per od cal Gazette prescr bed n Art cle 3.1.14 of th s Law.

CHAPTER FIVE

RIGHTS AND OBLIGATIONS OF USERS OF GEOGRAPHICAL INDICATION

Art cle 26. R ghts and obl gat ons of users of geograph cal nd cat on

26.1 The r ghts of users of geograph cal nd cat on shall ar se on the reg strat on of the trademark n State
Reg ster.

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26.2. The r ghts of users of geograph cal nd cat on shall be exerc sed w th n the scope of reg stered
goods.

26.3. The user of a geograph cal nd cat on shall have the follow ng r ghts n respect of the geograph cal
nd cat on

26.3.1 to use geograph cal nd cat on for the goods;

26.3.2 to request to d scont nue that act where the reg stered geograph cal nd cat on s used by others n
respect to goods not manufactured n the local ty nd cated;

26.3.3 to request to d scont nue that act where the reg stered geograph cal nd cat on s used by others n
respect to s m lar goods and therefore takes unfa r advantage of, or s detr mental to, the repute of the
geograph cal nd cat on,

26.3.4 to request to d scont nue that act where us ng geograph cal nd cat on n a translated form, or
accompan ed term such as “typ cal”, “styl sh” “structural” and “s m lar” although or g n of goods s correctly
des gnated when the reg stered geograph cal nd cat on s used by others:

26.3.5 to cla m compensat on for damages caused by act ons/act referred to 26.3.1-26.3.4 of th s law.

26.4 User of geograph cal nd cat on shall bear respons b l ty to keep qual ty, reputat on and other
features of the g ven goods n accordance w th conclus on referred to 21.6.2 of th s law.

26.5. Internal or external control on qual ty shall be done for the purpose of determ n ng whether the
goods w th geograph cal nd cat on s cover ng the g ven features of geograph cal nd cat on.

26.6 Internal qual ty control of goods w th geograph cal nd cat on shall be done by organ zat on of any
un on or assoc at on, users of geograph cal nd cat on.

26.7 External qual ty control of goods w th geograph cal nd cat on shall be done by qual ty control
laboratory of a mag or cap tal c ty, or any state organ zat on n the charge of qual ty control.

26.8 The g ven product shall be recogn zed as a good w th geograph cal nd cat on when the conclus on
of qual ty control of goods w th geograph cal nd cat on meets the features referred n conclus ons 21.6.2 of th s
law.

Art cle 27. Use of Geograph cal nd cat on

27.1 The follow ng cases shall be cons dered to use of a geograph cal nd cat on:

27.1.1. If us ng the geograph cal nd cat on on the goods, packag ng or conta ners thereof, or n
serv ces;

27.1.2. f supply ng, offer ng for sale the goods or stock ng them for such purposes, or offer ng
serv ces under the geograph cal nd cat on;

27.1.3. f mport ng or export ng the goods bear ng the geograph cal nd cat on;

27.1.4. f us ng the geograph cal nd cat on n correspondence, prospectus or other documents and
n advert s ng or n Internet;

27.2 Reg stered geograph cal nd cat on shall be ent tled to use accord ng to th s Art cle where any ent ty
carr es on product on act v ty n the local ty concerned who has reg stered to use the geograph cal nd cat on for
own goods Art cle 28. Exp ry of r ghts of User of Geograph cal Ind cat on

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Art cle 28.1 R ghts of User of Geograph cal Ind cat on shall be term nated n follow ng grounds:

28.1.1. where the qual ty, reputat on and other character st cs of g ven goods have no d rect
relat on w th natural and cl mat c cond t on, human factors of that geograph cal env ronment;

28.1.2. where the legal ent ty or user geograph cal nd cat on has been l qu dated;

28.1.3. where the user of geograph cal nd cat on has requested cancelat on of the g ven
geograph cal nd cat on;

28.1.4. other grounds la d down n law.

28.2. Government agency shall nform by off c al per od cal gazette referred to Art cle 3.1.14 of th s law
where r ghts of user of geograph cal nd cat on s term nated.

CHAPTER SIX

INTELLECTUAL PROPERTY OFFICE

Art cle 29. Government Agency n Charge of Intellectual Property Matters

29.1 The Government Agency shall respons ble for deal ng w th matters concern ng trademarks,
geograph cal nd cat ons and w ll carry out the follow ng funct ons:

29.1.1. conduct for mplementat on of leg slat on on trademark and geograph cal nd cat on n
nat onal level;

29.1.2 subm t proposals on amendment, adjustment to nternat onal convent on and treat es wh ch
Mongol a has jo ned and mprovement to leg slat on on trademarks and geograph cal nd cat ons;

29.1.3 approve regulat on related w th reg strat on of trademark and geograph cal nd cat on and ts state
reg strat on, amendments and recogn t on trademark as well known;

29.1.4 spec fy layout of the appl cat on form for reg strat on and the cert f cate of
trademarks and geograph cal nd cat ons;

29.1.5. rece ve appl cat ons for trademarks and geograph cal nd cat ons and render dec s ons
thereupon;

26.1.6 carry out the reg strat on of trademarks and geograph cal nd cat ons and ssue cert f cates;

29.1.7 keep the un f ed State Reg ster of trademarks and geograph cal nd cat ons;

29.1.8 ma nta n a un f ed database of trademarks and geograph cal nd cat ons;

29.1.9 publ sh an nformat on on reg strat on of trademarks and geograph cal nd cat ons n
the Off c al per od cal Gazette referred to 3.1.14 of th s law.

29.1.10 nval date trademarks and geograph cal nd cat ons on the grounds and accord ng
to procedures, as la d down by the law;

29.1.11 carry out (the proceed ng) nternat onal reg strat on of trademarks;

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29.1.12. carry out the state superv s on on mplementat on of trademarks and geograph cal
nd cat ons law and appo nt state nspectors of ntellectual property;

29.1.13 conduct for supply ng un f ed methodology of research and tra n ng of trademarks and
geograph cal nd cat ons;

29.1.14 approve a valuat on of trademarks and geograph cal nd cat ons on request by an
owner and user;

29.1.15 conduct exam nat on of and ssue spec al l cense to any ent ty ntend ng to
pract ce as an ntellectual property representat ve;

29.1.16 render dec s ons on appeals and d sputes w th n ts competence, as prov ded by
the law;

29.1.17 perform other funct ons, as prov ded by the law.

29.1.18 A member of the Government n charge of ntellectual property matters shall

approve the amount of fees for serv ces prov ded n 6.4.2, 9.4 17.3, 25.4 of th s Law.

Art cle 30. Powers of the Intellectual Property Inspector

30.1 The Government Agency shall have a state general nspector, a sen or state nspector and a
state nspector.

30.2 The D rector General of the Government agency s General State Intellectual Property Inspector.

30.3 The r ghts of the State General Inspector of Intellectual Property shall be granted by the
Government, the r ghts of the Ch ef State Inspector and the r ghts of the State Inspector shall be granted by the
Government member n charge of ntellectual property.

30.4. The state general nspector, sen or state nspector, state nspector (here nafter referred to as “state
nspector”) shall exerc se the general powers spec f ed n the Law on State Inspect on, Law on Adm n strat ve
L ab l ty and other leg slat on n the f eld of ntellectual property control.

30.5. In exerc s ng h s / her powers spec f ed n the leg slat on, the state nspector shall not be nfluenced
by others and shall be gu ded only by the leg slat on and other legal acts ssued n accordance w th t.

30.6. It s proh b ted for a state nspector to nterfere or nfluence a c t zen, legal ent ty or off c al n
exerc s ng h s / her powers spec f ed n the leg slat on.

30.7. It shall be proh b ted for other persons to make dec s ons on any ssues related to the powers
granted by the state nspector by leg slat on.

Art cle 31. Intellectual Property Representat ve

31.1 An ntellectual property agent shall be a c t zen of Mongol a w th h gher educat on, at least
three years of exper ence n the ntellectual property sector, 25 years of age and permanent res dence n
Mongol a, or a legal ent ty establ shed and operat ng n accordance w th the laws of Mongol a.

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31.2 An Intellectual Property representat ve shall obta n a l cense n accordance w th regulat on of

31.3 The Government agency shall determ ne regulat ons on the operat on of Intellectual Property
representat ves.

CHAPTER SEVEN

CONSIDERATION OF APPEALS, REQUESTS AND DISPUTES

Art cle 32. Cons derat on of appeals, requests and d sputes

32.1 The D spute Resolut on Com ss on should work under the Government Agency who has author ty
to cons der below ment oned appeal or requests related w th trademark and geograph cal nd cat on.

32.1.1 an appeal of appl cant related to the procedures referred to Art cle 7,8,23,24 of th s Law.

32.1.2 a request for nval dat on of trademark and Geograph cal nd cat on reg strat on on the grounds
prov ded n 33.1.1 of th s Law.

32.1.3. a request for nval dat on of trademark reg strat on on the grounds prov ded n 33.1.2 of
th s Law.

32.1.4 a request for recogn t on that the mark s well-known mark.

32.2 An appl cant shall subm t to the D spute Resolut on Comm ss ons an appeal prov ded n 32.1.1of
th s law w th n 30 days from the date of rece pt of the not f cat on

32.3 Requests prov ded n 32.1.2, 32.1.3 shall be subm tted to the D spute Resolut on Comm ss ons
w th n one years from the date of off c al per od cal publ cat on referred to 3.1.14 of th s Law.

32.4 The D spute Resolut on Comm ss on shall cons der appeals or d sputes prov ded n 32.1 of th s Law
w th n 6 months from the date of rece pt and not fy t n wr tten.

32.5 The pet t oner s ent tled to apply to the court where they d sagree w th the dec s on of the D spute
Resolut on.

32.6 A member of the Government n charge of ntellectual property matters shall approve the regulat on
on procedure of the D spute Resolut on Comm ss on.

CHAPTER EIGTH

MISCELLEANOUS

Art cle 33. Inval dat on of the reg strat on of trademarks and geograph cal nd cat ons

33.1 Reg strat on of trademarks and geograph cal nd cat ons shall be nval dated on the follow ng
grounds:

33.1.1 Where trademark and geograph cal nd cat on s reg stered n v olat on of Art cles 5, 20 of th s
Law

33.1.2 Where the trademark s reg stered n the member country of Par s Convent on under name of any
representat ve or d str butor w thout perm ss on of an exclus ve r ghts owner of the g ven trademark.

33.2 Any Interested person may, on the grounds prov ded for 33.1.1, 33.1.2 of th s Law, may subm t to
the D spute Resolut on Comm ss ons a request for nval dat on of trademark and Geograph cal nd cat on

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reg strat on

33.3 Where the D spute Resolut on Comm ss ons f nds that the request s well founded, the dec s on shall
be taken to nval date the reg strat on of the trademark or geograph cal nd cat on and the Government Agency
shall be not f ed accord ngly.

33.4 The Government Agency shall nval date the reg strat on of the trademark or geograph cal
nd cat on n respect of the owner or user concerned n the follow ng cases:

33.4.1. where the request for renewal of trademark reg strat on has not been subm tted w th n 6
months from the exp ry of the per od of val d ty of the reg strat on;

33.4.2. where the trademark owner or user of a geograph cal nd cat on renounces the r ght to
own the trademark or use the geograph cal nd cat on by means of a wr tten declarat on;

33.4.3. where a legal person the trademark owner or user of a geograph cal nd cat on has been
l qu dated and the r ght to own the trademark or use the geograph cal nd cat on has not been transferred to
others or the trademark has not been ass gned by means of a l cense agreement;

33.5 Government agency shall nform t to publ c by off c al per od cal gazette referred to Art cle
3.1.14 where the reg strat on of a trademark or geograph cal nd cat on has been nval dated.

Art cle 34. L ab l ty for Beach of r ghts of Trademark owner and Geograph cal Ind cat ons

34.1 Where a v olat on of the leg slat on on trademarks and geograph cal nd cat ons s held not to
const tute a cr m nal offence, a state nspector or a judge shall mpose tugrug amount up to ncreas ng 2-6 t mes
low rate salary of labour of one month and, n the same case mpose tugrug amount up to ncreas ng 10-25 t mes
low rate salary of labour of one month legal ent ty or a judge shall mpr sonment for up to 7-14 days gu lty
c t zen and off cers and state nspector or judge who al enat ng the nfr ng ng goods and al enat ng of llegal
ncom ng, destroyed or the product on be ceased shall be state revenue

34.2. Compensat on for damages caused by the nfr ngement of the r ghts of a trademark owner or a user
of geograph cal nd cat on shall be awarded n compl ance w th the C v l Law.

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