Ownership claims
Parties claiming ownership of the trademark may file opposition against the pending application.
Trade Mark Law
Trade Mark Law of Afghanistan
A practical overview of filing, publication, opposition, renewal, non-use, and infringement issues under Afghan trade mark practice.
Scope
International treaties • Filing procedure • Opposition • Renewal • Non-use • Enforcement
Purpose
Clear guidance for brand owners, legal departments, and foreign associates handling Afghan trade mark matters.
International treaties
International Treaties
Afghanistan is a member of the Paris Convention, the World Intellectual Property Organization (WIPO), and the Madrid Protocol relating to the protection of industrial property. Applicants may therefore file trademark applications in Afghanistan while claiming priority from earlier applications or registrations filed in their home country.
For classification of goods and services, the latest edition of the Nice Classification is applied. However, Class 33 goods are prohibited in Afghanistan.
Application procedure
Filing Trademark Applications
Individuals and legal entities wishing to obtain trademark protection may file applications with the Intellectual Property Department of the Afghanistan Central Business Registry (ACBR-IP) under the Ministry of Commerce and Industries.
Upon receipt of the prescribed application form, the details of the application are entered into the official records of the ACBR-IP. The applicant is then issued a payment tariff indicating the registration fees payable at an authorized bank.
Following confirmation of payment, the examiner at ACBR-IP reviews the application and must either accept or refuse the application within fifteen days. If an application is refused, the reasons for refusal must be clearly stated. The applicant may challenge the refusal before the Review Committee within ten days of receiving notification.
Publication and challenge
Publication and Opposition
If the application is accepted by the ACBR-IP or the Review Committee, the applicant is required to pay the publication fees. Once payment is confirmed, the application is forwarded to the Official Gazette publication department of the Ministry of Justice.
The accepted trademark is then published in the Official Gazette to inform the public.
Opposition may be filed by:
Confusing similarity
Owners of earlier marks may oppose where the applied or registered mark is sufficiently similar to create confusion.
Procedural review
The Review Committee may consider both opposition claims and the applicant’s response before registration proceeds.
If an opposition is filed before registration, the applicant must be notified within fifteen days. If the applicant does not withdraw the application, the opponent may bring the matter before the Review Committee within sixty days. During this period, the registration process is suspended.
If the opponent fails to pursue the matter before the Review Committee, the application proceeds to registration in the name of the applicant. The applicant may also appear before the Review Committee to support their claim. Decisions issued by the Review Committee may be appealed before the Commercial Court.
Time limits
Limitation Period
Any legal challenge against a registered trademark must be filed within three years from the date of registration. Claims brought after this period will not be considered valid.
Duration
Term of Protection and Renewal
A trademark registration in Afghanistan remains valid for ten years from the filing date of the application (or from the priority date where priority is claimed).
The registration may be renewed for additional ten-year periods. Renewal applications must be filed within the final six months of the protection period, and no grace period is available after expiry.
Use requirement
Requirement of Use
Use of a trademark is not required for filing or maintaining a registration in Afghanistan. However, if a registered mark is not used for three consecutive years from the date it is entered in the Trademark Register, it may become vulnerable to cancellation upon application by an interested party.
In cancellation proceedings based on non-use, the trademark owner must demonstrate actual use of the mark in Afghanistan. Evidence may include invoices or sales documents issued for goods bearing the trademark, particularly those supplied to Afghan distributors. Advertising materials or promotional publications displaying the trademark may also serve as evidence of use.
Enforcement
Infringement and Unauthorized Use
Unauthorized use of a registered trademark, or the imitation of such a mark on goods or services of the same class, constitutes an offence under the law. The sale, storage, or offering for sale of goods bearing counterfeit marks is also prohibited.
Similarly, using another person’s registered trademark without authorization to promote goods or services of the same class is punishable under applicable legal provisions.