LAWS

CLASSIFICATION

The International Classification of Goods and Services (10th Edition) is followed. A multi class application can be submitted

FILING REQUIREMENT

a. A legalized power of attorney. In the absence of Afghani Consulate the power of attorney should be sent to us after legalization it by the Ministry of Foreign Affairs of the country of the applicant, and then we would legalize it in Kabul.

b. Name and address of the applicant in English along with copies of the marks.
A trademark application can be filed without the legalized power of attorney at the time of filing which can be submitted within three months at no additional cost.

GRACE PERIOD

A grace period of 6 months is permissible for late renewals without payment of a surcharge

The documents required for filing purposes:

A legalized power of attorney. In the absence of Afghani Consulate the power of attorney should be sent to us after legalization it by the Ministry of Foreign Affairs of the country of the applicant, and then we would legalize it in Kabul.

Prints of the trademark.

Name and address of the applicant in English.

Classes of goods (International Classification).

It is permitted under the practice of the Afghani Trademark Registrar to file trademark applications and obtain a filing number and date as well as the official filing certificate with a scanned colored copy of the legalized power of attorney the original of which can be submitted with one month from filing date at no additional cost.

Time frame from filing to registration in the normal course of actions: 6 to 9 months

Renewal Requirement:

A legalized power of attorney. In the absence of Afghani Consulate the power of attorney should be sent to us after legalization it by the Ministry of Foreign Affairs of the country of the applicant, and then we would legalize it in Kabul. Our charge for legalization of power of attorney or each other documents would be US$150.
A copy of the latest valid registration certificate; and 10 prints of the mark.

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals without payment of a surcharge.

Recordal of assignment, merger or license

1. A Power of Attorney legalized by an Afghan consulate
2. Deed of assignment, merger or license legalized by an Afghan Consulate
3. The original copy of the latest valid certificate
4. Prints of the trademark (or JPEG file) –not required for word marks

Please be advised no statutory laws on patents are in force in Afghanistan. Consequently it is not possible to file patent applications.

At present, as the only available way of protection and to provide relatively a remedy for the said legal vacuum, we advise all our clients to publish a Cautionary Notice in the local Newspaper(s) in the English Language.

The Cautionary Notice stating that such and such invention related to a particular matter belongs to such and such inventors/company. Although the publications of cautionary notices are not registered in any official registers, and it is only an advertisement but it could be a base for claiming priority right in the future when the patent law comes in force in the country. Therefore the publication should be in detail, and not in a short form. If it is published in short form, it may not serve the priority purposes.

There are no specific requirements for publication of Cautionary Notices in Afghanistan, however the basic information needed are as follows:

1. Full name and address of the applicant(s);

2. Full name and address of the inventor(s);
3. Softcopy of the specification;
4. Softcopy of the drawings;
5. Softcopy of the claims; and
6. Softcopy of Abstract.