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Trademark application Turkmenistan

In Turkmenistan, trademarks are protected by the Law of Turkmenistan On Trademarks (entered into force on 19 June 2019) and enforced by the State Service for Intellectual Property of the Ministry of Finance and Economy (Turkmenpatent). Under the law, a trademark may include verbal, pictorial or three‑dimensional elements of any colour or their combinations. The country is a party to the Paris Convention for the Protection of Industrial Property and acceded to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) in 1999. These international instruments make it possible to claim convention priority and to extend protection through the Madrid System.

Registering a trademark in Turkmenistan gives the owner the exclusive right to use the mark for the goods/services listed in the certificate, to license or assign the mark and to prevent competitors from using an identical or confusingly similar sign. Without registration, it is very difficult to enforce a mark or claim damages when someone else uses it. The 2019 law introduced important changes such as accelerated examination procedures, clearer grounds for refusal and explicit provisions for appeals. This guide explains how to register a trademark in Turkmenistan, summarises the statutory requirements and outlines the procedural steps established by law.

Legal framework

Governing law and authority

Turkmenistan’s trademark regime is governed by the Law On Trademarks (No. 141‑VI) dated 8 June 2019, which replaced the previous 2008 trademark law. The law regulates relations in the field of legal protection and use of trademarks, service marks and collective marks. The authorised body responsible for receiving applications, conducting examination and registering trademarks is Turkmenpatent – the State Service for Intellectual Property of the Ministry of Finance and Economy. Turkmenpatent maintains the State Register of trademarks, publishes official bulletins, issues certificates and provides information on applications. It also acts as the receiving office for international applications filed under the Madrid Protocol.

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Definition of a trademark

The law defines a trademark (service mark) as a verbal, pictorial or volumetric (three‑dimensional) designation of any colour or colour combination, or their combination, which serves to individualise goods, works or services. Collective marks are also treated as trademarks, and the certificate confirms the exclusive right of its owner to the mark. Only entrepreneurs and legal entities engaged in entrepreneurial activities may own a trademark. A trademark cannot consist solely of designations that describe the type, quality, quantity, purpose, value or other characteristics of goods or of state symbols, official control marks or names of international organisations, unless consent has been obtained. Signs that mislead consumers, violate public morals or reproduce protected cultural heritage are also prohibited.

Grounds for refusal

State registration is refused if the claimed designation conflicts with earlier rights. Turkmenpatent will not register signs that are identical or confusingly similar to earlier trademarks filed or registered in Turkmenistan (including international registrations) for similar goods or services. Registration is also refused if the mark conflicts with protected appellations of origin, industrial designs, trade names, domain names or titles of works of science, literature or art, or contains surnames or portraits of famous persons without their consent. Names included in the World Health Organization list of International Non‑proprietary Names for pharmaceutical substances are expressly prohibited.

Advantages of trademark registration with Pocket IP
24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.
Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.
Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.
Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in Turkmenistan

Priority claims
Priority claims
The law allows applicants to claim convention priority under the Paris Convention by referencing an earlier application filed in another member state, provided the Turkmen application is filed within six months from the earlier filing date. Exhibition priority may also be claimed based on the date of display at an official exhibition. Where multiple applications are filed for identical marks on the same day, the earlier Turkmenpatent registration number determines priority.
Preliminary period and amendments
Preliminary period and amendments
After Turkmenpatent receives the application, the applicant may make changes (e.g., clarify the list of goods) within two months without paying a fee. Changes that significantly alter the list of goods or the visual perception of the mark require a new application. Turkmenpatent may ask for additional information during examination; the applicant has three months to respond and may extend this by three more months.
Formal examination
Formal examination
Turkmenpatent conducts a formal examination approximately one month after the preliminary two‑month period. It checks whether the application and supporting documents meet the requirements of Article 12. If deficiencies are found, Turkmenpatent sends a notification and gives the applicant three months to correct them. If there is no response, the application is cancelled. On completion of the formal examination, Turkmenpatent notifies the applicant of acceptance and establishes the priority. Importantly, the 2019 law introduced an accelerated formal examination: at the applicant’s request and upon payment of a fee, the formal examination may be completed within ten working days. This provision allows applicants to speed up the initial stage when rapid protection is required.
Publication and opposition
Publication and opposition
3 months opposition period
Following acceptance, Turkmenpatent publishes information about the application in its Official Bulletin. Any interested person may file a written objection before the date of state registration, subject to payment of a fee. This objection constitutes an opposition procedure, allowing third parties to argue that the mark should not be registered.
Substantive examination
Substantive examination
After formal examination and not earlier than six months from the priority date, Turkmenpatent conducts a substantive examination of the claimed designation. During this phase, examiners verify: (1) compliance with formal requirements; (2) compliance with the absolute grounds (for example, the mark must not be descriptive, misleading or contrary to morality); (3) correctness of classification of goods and figurative elements; (4) searches for identical or similar designations and assessment of relative grounds. The law allows applicants to request accelerated substantive examination; at the applicant’s request and upon payment of a fee, Turkmenpatent may complete the examination within 20 working days from the end of the formal examination. If the mark passes examination, Turkmenpatent issues a decision to register, listing the unprotected elements (if any) and the amount and deadlines for paying the registration fee. If the sign does not meet the requirements, the applicant receives a preliminary refusal and has three months (extendable to six months upon payment) to respond.

International registration (Madrid Protocol)

Turkmenistan is a member of the Madrid Protocol. The Government deposited its instrument of accession on 28 June 1999, and the protocol entered into force for Turkmenistan on 28 September 1999. As a result, applicants may extend protection of their international trademark registrations to Turkmenistan through the Madrid System and may also file international applications with Turkmenpatent as the Office of origin.

When Turkmenistan is designated in an international application, the applicant must pay individual fees instead of complementary fees. According to WIPO’s schedule (updated 9 November 2025), the fee for designating Turkmenistan in an international application is CHF 228 for the first class and CHF 91 for each additional class. For renewal of an international registration designating Turkmenistan, the fee is CHF 456 and CHF 228 for one class for each additional class. These fees are payable to WIPO through the International Bureau. The Madrid route does not substitute the national procedure; if applicants wish to protect their mark only in Turkmenistan, they can file directly with Turkmenpatent following the national process described above.

Benefits of registration

Registering a trademark in Turkmenistan provides several advantages:

  • Exclusive rights – the owner has the exclusive right to use the mark for the registered goods/services and to prevent others from using confusingly similar signs.
  • Enforcement – registered trademarks can be enforced through administrative and judicial procedures, including claims for damages and orders to stop infringement. Objection or cancellation proceedings allow the owner or third parties to challenge infringements.
  • Renewable protection – the ten‑year term can be renewed indefinitely.
  • International expansion – membership in the Madrid System facilitates extension of protection to other jurisdictions and simplifies filing through Turkmenpatent.

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FAQ

Turkmenistan acceded to the Madrid Protocol on 28 June 1999 and became a member on 28 September 1999. Foreign applicants can designate Turkmenistan in an international application filed through the Madrid System. WIPO’s schedule of fees lists the individual fee for designating Turkmenistan as CHF 228 for one class and CHF 91 for each additional class. Renewal of an international registration designating Turkmenistan costs CHF 456 plus CHF 228 per class. The national procedure remains available as an alternative.

A trademark registration in Turkmenistan is valid for ten years counted from the filing date. The validity term can be renewed for additional ten‑year periods indefinitely.

Yes. When filing the renewal petition you may choose to renew the trademark for only some of the goods or services specified in your certificate. The official fee is then calculated based on the number of classes renewed, and protection for the other classes will lapse. This allows owners to streamline their portfolio and avoid paying for unused classes.

Unfortunately, no. Turkmen law does not provide a procedure for restoring a trademark after the six‑month grace period. Once the registration lapses, the only way to regain rights is to file a new trademark application and go through the entire registration process again.

Turkmenpatent does not require proof of use in order to renew a trademark. The Rules do not mention any use requirement; the owner only needs to pay the fee and provide the required documents. However, non‑use of a registered trademark for a continuous period (three years according to practitioners) may expose it to cancellation by third parties, so owners should use their marks in commerce.

Under the standard procedure, formal examination begins one month after the initial two‑month amendment period. Substantive examination starts not earlier than six months after the priority date. According to practitioners, the entire process usually takes 9–12 months. However, the 2019 law introduced accelerated procedures: formal examination can be completed within 10 working days, and substantive examination can be completed within 20 working days. These reductions mean that applicants may obtain a registration in 1.5–2 months if all fees are paid promptly and no objections arise.

The application must include: (1) a request for registration with the applicant’s name and address; (2) a clear image and description of the mark; (3) a list of goods/services grouped by Nice classes, without general terms that do not clearly specify the goods/services; (4) classification of figurative elements under the Vienna Classification; (5) proof of payment of the filing fee; (6) a power of attorney if a representative is used; and (7) information on a collective mark if applicable. All documents must be submitted in Turkmen or accompanied by a translation.

No. A Turkmen law firm notes that the power of attorney can be in simple written form and does not require notarisation, legalisation or an apostille. The power should specify the owner’s name and address, the attorney’s details and be signed and dated.

Applicants must be individuals engaged in entrepreneurial activities without forming a legal entity or legal entities engaged in business. Foreign applicants must act through a registered Turkmen patent attorney. The application may be filed by the applicant or by a representative with a power of attorney.

A trademark is valid for ten years, calculated from the application filing date for applications filed after 5 November 2008 and from the registration date for earlier applications. The owner may renew the mark for further ten‑year periods by filing a renewal request during the last year of validity and paying the renewal fee. A six‑month grace period is available upon payment of a surcharge.

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