– Law on Trademarks and Geographical Indications of May 2, 2003, in force since August 21, 2003, last amended on April 29, 2021.

– Convention Establishing the World Intellectual Property Organization (WIPO), since February 28, 1979.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 21, 1985.
– Madrid Agreement for the International Registration of Marks, as revised in Stockholm, since April 21, 1985.
– WTO’s TRIPS Agreement, since June 1, 1997.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since June 16, 2001.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since June 16, 2001.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 31, 2009.
– Singapore Treaty on the Law of Trademarks, since March 3, 2011.

Applicant: the owner or assignee of a trademark.

Applicants not living in the country: must appoint an agent or a representative invested with a power of attorney.

Kinds of protection: certificate of exclusive right.

Marks for services: registrable.

Novelty: the marks must differ from prior registered marks and marks being applied for.

Not registrable: (a) trademarks liable to be misleading as to the origin of the goods or services; (b) trademarks filed in bad faith; (c) national emblems, flags or other State symbols of Mongolia and other countries; (d) emblems of international organizations; (e) full or abbreviated names of international governmental and non-governmental organizations; (f) reproductions of the full or abbreviated names; (g) portraits, pictures or signatures of famous persons and historical persons of Mongolia; (h) names of Mongolian historical or cultural monuments.

Imitations of well-known marks: are not registrable.

Colors: registrable.

Collective marks: registrable.

Priorities: in accordance with the Paris Convention.

Classification: international (Nice Classification).

Multi-class applications: possible.

Territory covered: territory of Mongolia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. Applicant’s legal address and status;
3. 15 prints of the mark (not required for word marks; not required for electronic filings as the JPEG format would be sufficient);
4. Priority document, if claimed.

Electronic filing: available (reduced filing fee).

Electronic signatures: are not accepted (only wet signatures). It is, however, possible to submit signed scanned copies of documents and the original does not need to be sent later.

Amendment of application: possible, before mark is granted.

Examination: formal and for novelty.

Disputes about ownership: Intellectual Property Office and Court settle disputes about ownership.

Letters of consent: accepted in order to overcome an objection based on a prior registration.

Application kept secret: yes.

Urgent registration: no provision.

Provisional registration: no provision.

Publication: a trademark application shall be published within one month from the filing date or after the formality examination.

Opposition to the published trademark application can be filed within three months from the filing date.

Correction of registration: none.

Beginning of protection: from the filing date.

Publication: within one month from the decision to grant.

Opposition to registered marks: may be filed within one year from the publication date.

Duration – extension: ten years from the filing date, renewable for periods of ten years.

Renewal: is to be filed during the last year of the protection period. Grace period: six months. Requirements for renewal: power of attorney. The original registration certificate is no longer required.

Use: an interested third party may request the cancellation of a mark if it has not been used during five consecutive years from the registration date, unless a justifiable reason can be attributed to the non-use of the mark. The cancellation action for non-use can be filed before the Dispute Resolution Committee (DRC) of the Intellectual Property Office.

Marking of registered goods: not mandatory.

Changes in the list of goods: must be registered.

Licenses: shall be recorded at the Intellectual Property Office.

Assignment: shall be recorded at the Intellectual Property Office. The assignment deed is not to be notarized nor legalized.

Changes of name and address: shall be recorded.

Right of prior user: prior use must be proved.

Validation of invalidated marks: no provision.

Infringement and penalties: the penalties for infringement are based on the Civil Code.