Mongolia is a “first to file” jurisdiction. A statement of use is not required for application filing. Registration is required to establish exclusive rights in a trade mark.
For trade mark application filing with the Intellectual Property Office of Mongolia (IPOM), a power of attorney (POA) on the form issued by IPOM is required. A scanned copy of the POA is sufficient. Notarization or legalization is not necessary. A company seal on the POA is recommended if as such is available.
Proof of use or declaration of intention to use the mark is not required.
A priority document may be needed, where priority of an earlier application is claimed.
Before filing an application, a trade mark search opinion is recommended. The Global Brand Database includes Mongolian trade mark applications and registrations. Based on our extensive experience in preliminary refusal and invalidation proceedings, we offer both trade mark search and application services.
Mongolia is a member of the Nice Agreement. The current Nice classification is applicable. Mongolia accepts multi-class applications. Sub-classes do not exist. The standard international classification is in place.
The Mongolian Law provides for registration of the following types of trademarks:
- Word mark (an English translation of the word should be provided with the application)
- Figurative mark
- Word and figurative mark
- Sound mark (submission of an audio file reproducing the sound or representing the sound in musical notation or sonogram)
- Smell/olfactory mark (a written description or a chemical formula)
- Hologram mark
- Motion mark (a written description in words and a video recording file)
- Colour and colour combinations
- 3D mark (a graphic representation of the general view of the shape and specific graphic reproductions of at least two or three different views)
- Position mark
Mongolia is a member of the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol.
If you are considering of filing a trade mark application in Mongolia or if you received a provisional refusal decision for the MN designation of your international trademark application, do not hesitate contact us: office@delgerip.com
DELGER IP MONGOLIA 