WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IIMNG/TIl 
16 February 1998 
(98-0534) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Mongolia 
The present document reproduces! the text of the Trademarks, Trade Names Law (1997), as 
notified by Mongolia under Article 63.2 of the Agreement (see document IP/N/lIMNG/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au conunerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRlETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Mongolie 
Le present document contient le texte de la Loi sur les marques et les noms commerciaux 
(1997)1, notifiee par la Mongolie au titre de l'article 63:2 de 1 'Accord (voir le 
document IP/N/lIMNG/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRlNCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Mongolia 
El presente documento reproduce 1 el texto de la Ley de Marcas de Fabrica 0 de 
Comercio (1997), notificado por Mongolia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lIMNG/1). 
1 English only.l Anglais seulement.lEn inglt!S solamente. IP/NI 1 IMNG/TI 1 
Page 2 
LAW OF MONGOLIA 
TRADEMARKS, TRADE NAMES 
CHAPTER I 
GENERAL 
Article 1. Purpose of the Law Unofficial translation 
The purpose of this Law is to ensure legal guarantee for trademarks, trade names, 
to protect the rights, legal interests of their owners, to regulate relations with regard to 
ownership, exploitation, expenditure of trademarks, trade names. 
Article 2. Trademark, trade name legislation 
1. The legislation on trademarks, trade names shall consist of the Constitution of 
Mongolia, the Civil Code, this Law and other respective legislative acts. 
2. Where an international treaty to which Mongolia is party, contains provisions 
differing from those specified in the legislation of Mongolia on trademarks, trade names, 
the provisions of the international treaty shall prevail. 
Article 3. Definitions in the Law 
In this Law: 
(I) "trademark" means a letter, numerals, figurative elements, or an image expression 
of their combination that have specific meaning used by a legal entity, or a person, 
who carry out production and service activities, for the purpose of distinguishing 
their trades and service from others'; 
(ii) "collective mark" means a trademark used by Union members of a legal entity 
established according to the provisions and rules in the legislation for carrying out 
similar production and service activities, for goods and service of coherent 
characteristics, under the supervision of the Union; 
(iii) "name of origine" means a name of a country, a city, a village, a place which have 
peculiarities directly linked to geographical conditions, people's customs and 
where goods are produced; 
(iv) "trade name" means a nominal name used by a legal entity established according 
to relevant rules, for carrying out its activities; 
(v) "registered mark, name" mean a trademark, a trade name registered in the State 
record by the Intellectual Property Office and issued a certificate according to 
relevant rules; 
(vi) " owner of a trademark" means an author who has acquired the right to own, 
exploit, spend a registered mark, according to rules reflected in the law; IP/NI1/MNG/TI 1 
Page 3 
(vii) " application" means an application, or other documents reflected in the law, 
submitted to the Intellectual Property Office by a legal entity, a person willing to 
have a trademark, a trade name registered; 
(viii) "examination" means checking carried out by an authorized officer of a related 
organisation, whether similar trademark, trade name have been previously 
registered and issued certificates; 
(ix) " license" means a permission given by the owner of a trademark, a trade name to 
another person to exploit a trademark, a trade name, after registration by the 
Intellectual Property Office; 
(x) " filing date" means the date on which an application of trade mark, trade name is 
received by the Intellectual Property Office, according to Article 7 of this Law; 
(xi) " priority date" means the date on which a trade mark is received to be registered 
in any member State of the Paris Convention for the Protection of Industrial 
Property, or to have a priority date according to Article 4 of the Convention; 
(xii) "International classification oftrade marks" means Nice Agreement, of 1957 
concerning the International Classification of Goods and Services for the Purpose 
of the registration of marks, and Vienna Agreement of 1973, establishing an 
International Classification of the Figurative Elements of Marks. 
Article 4. Registrable trademarks, requirements for registration 
1. Trademarks that have met the requirements reflected in Article 3 (1) of this Law 
shall be registered. 
2. The following items shall not be considered a trademark: 
(i) a word, a figurative element which describe a thing, a phenomenon; 
(ii) a usual name, formula, figurative element, common geometrical element, 
numerical expression, undesipherable letter, mark; 
(iii) a word, figurative elements which explain origine, quantity, weight, quality, 
(iv) 
(v) 
(vi) 
(vii) purpose, price ofa good, name of manufacturer, means and date of manufacture; 
a thing which may lead to wrong way; 
a geographical name and abreviation thereof or a map, a sign showing a location; 
a undistinctive human name 
common expression of a common undistinctive place. 
3. The following marks shall not be registered: 
(I) trademarks, identical with, or similar to the national emblem, flag, a whole or an 
abreviated name of mass and international organisations, official badges of 
Mongolia, or other foreign countries; 
(ii) whole and abbreviated name, portrait, picture, signiture of a famous person 
used without his, or heir's authorisation; 
(iii) names, pseudonyms, portraits, pictures, or names of their imagination of historical 
persons of Mongolia used without authorisation of competent authority; 
(iv) a word, figurative elements protected by copyright, industrial design patent of 
Mongolia, used without authorisation ofthe author, or owner of the rights; IP/NIlIMNG/T/l 
Page 4 
(v) a trademark similar to a trademark used for goods, service, which is registered, or 
submitted for registration; 
(vi) a trademark similar to common trademarks of Mongolia; 
(vii) a trademark, the content of which is prejudicial to public order, morality; 
4. Names of origine of goods shall be registered only by collective mark. 
Article 5. Tradenames, requirements for registration 
1. An economic entity shall have a nominal name and exclusive rights to use it. 
2. A trade name shall enter into force after being registered in the state register 
and issued a certificate. 
3. A trade name shall not obtain registration in the following cases; 
(i) if it coincides with previously registered trade name; 
(ii) if it expresses legal status of an economic entity 
(iii) if an economic entitiy is not established and registered according to law; 
(iv) if a trade name is expressed by number. 
4. A trade name shall be brief and expressed in cyrrilic. An economic entitiy may 
register a trade name expressed in cyrrilic together with a trade name expressed in Latin if 
so wishes. 
forms; 
(i) 
(ii) 
(iii) 
shall 
(iv) 5. After a trade name, shall be written a type of structure of an economic entity. 
6. A trade name expressed by two or more words shall be written in the following 
if a trade name is expressed by two words and the second one starts with 
consonant, it shall be linked directly to the first one; 
if a trade name is expressed by two words and the second one starts with a vowel, 
it shall be preceded by en dash (-), and starts with capital letter; 
if a trade name is expressed by three words and the second one starts with a 
consonant, the first and second ones shall be directly linked, and the third one 
be written after one letter space, with small letter; 
if a trade name is expressed by three words and the second one starts with a 
vowel, the second and third ones shall be written with one letter space between 
and start with small letters; 
7. A trade name may not express certain meaning, or may express a brief 
meaning, or may consist of a single letter, or syllable and in this case all letters shall be 
written with capital. The letters shall be linked one after one and without a sign between 
them. IP/N/lIMNG/T/l 
Page 5 
8. An economic entity may register its trade name in whole, or short form 
convinient for daily use, and may use the shorter form of the trade name as a trade mark. 
In this case, the trade name, as a trade mark, shall be registered according to law. 
Article 6. Responsibility of the Intellectual Property Office 
with regard to trademarks, trade names 
1. The Intellectual Property Office shall carry out the following functions with 
regard to registration of trademarks, trade names: 
(i) to receive and solve the applications of trademarks, trade names; 
(ii) to register trademarks, trade names and issue a certificate; 
(iii) to issue references for dispute settlement concerning trademarks, trade names; 
(iv) to solve the applications, grievances charged by law; 
(v) to fix the design oftrademarks, trade names certificate; 
(vi) to keep a state unified register oftrademarks, or related contracts, trade names, to 
establish a unified database, and to publish related information; 
(vii) to annul trademarks, trade names according to justification, regulations reflected 
in Law; 
(viii) the functions reflected in Article 5.1 (8),(10),(11),(13),(15) of the Patent Law, in 
Article 6.1 (11),(12) of the Copyright Law. 
2. The Intellectual Property Office may, upon the request of the author, evaluate 
works related to trademarks, trade names. 
CHAPTERII 
REGISTRATION OF TRADEMARKS, TRADE NAMES 
ISSUANCE OF CERTIFICATES 
Article 7. Application of trademarks, trade names 
1. A legal entity, a person willing trademarks, trade names to be registered, shall 
submit the application of trade marks, tradenames to the Intellectual Property Office. 
2. The application of trademarks shall consist of an application, 10 copies of 
figurative element of trademark. 
3. The application of trade name shall consist of an application, a magnified 
writing of the trade name, a copy ofthe state registration certificate of the economic 
entity. 
4. In the application there should be indicated names, address,nationality of the 
applicant, or his attorney, date and number of application, kind of activities of the 
applicant, request for registration oftrademarks, trade names, figurative elements of the 
trademarks, tradenames. IP IN 11IMNG/T 11 
Page 6 
5. If the applicant wishes a sign, a collective mark of form of volume, or of color 
to be registered, he shall notify about this in the application, and enclose to the 
application a copy of the rule of utilisation of the mark. 
6. If an applicant wishes the name of origin of goods to be registered, he shall 
notify in the application about it, and attach to the application the documents confirming 
the name of origin and his right to use it. 
7. If trademarks, tradenames are expressed in other sign than in cyrillic, or latin, 
the sign shall be transformed into latin and sent together with the application. 
8. The application of trademarks may be covered by one or more international 
classification of goods and service. 
9. An applicant may, before state registration oftradename, ask whether the 
selected name coincides with a previously registered name. 
10. If the selected tradename is different from the previously registered name of a 
legal entity by only marginal sign oftype, number, letter, or word that show the form of 
the economic entity, the selected name is considered as coinciding and shall not obtain 
registration. 
11. The provisions of Article 6 (6), (7), (8) of the Patent Law of Mongolia are also 
applicable. 
Article 8. Filing date of Application for trademarks, tradenames 
1. The Intellectual Property Office, within 20 days after receiving the application 
for tradenames, shall examine the related materials of the application, and if the 
application meets the requirements reflected in Articles 4,5, shall accord as the filing 
date the date of receipt of the application. 
2. If the Intellectual Property Office considers that the application does not meet 
the requirements reflected in Articles 4,5 of this Law, shall notify the applicant to make 
amendments, alteration during 2 months and send back to the applicant. If the applicant 
makes amendment, alteration during that period and submit to the Office, the Intellectual 
Property Office shall accord as the filing date the date of receipt of the application. 
3. If the due amendment, corrections are not made and submitted to the Office 
during the period indicated in paragraph 2 of this Article, the Intellectual Property Office 
shall deny the receipt of the application. 
4. 'If a person, or a legal entity have requested trademarks be registered, and have 
made application within 6 months from the date of exposing the goods in the following IP/N/lIMNG/TIl 
Page 7 
exhibitions, the filing date shall be accorded to the date of exposure of goods at the 
exibitions: 
(i) an exhibition organized by central, or local competent administration; 
(ii) an exhibition organized with permission given by central, or local competent 
administration; 
(iii) an exhibition organized in foreign countries; 
(iv) an exhibition organized in the territory of a member country of the Paris 
Convention by, or with permission of the Government of that country. 
Article 9. Examination of application for trademarks, tradenames 
1. If the Intellectual Property Office considers that the application does meet the 
necessary requirements, shall examine whether the sign may, according to this Law, be 
trademarks, or be registered, or tradenames be registered. 
2.An applicant may, during the examination, make in the application other 
changes than changing trademarks, tradenames, or amendment in the list of names of 
goods, or service. For changes in the list of names of goods, service, a new application 
shall be made. 
3. An applicant may, during the examination, make a separate application 
belonging to more than one classification of goods, service. 
4. An applicant may, during the examination, withdraw the application. In that 
case, the applicant loses the right to make again application for trademarks, tradenames 
he made. 
5. If the last decision on cancellation, or objection to register the application, is 
made by an expert, or court, the previous application is not considered. 
6. The Intellectual Property Office, within 6 months from the filing date of 
application, and basing on the conclusion of examination, makes a decision on whether to 
register trademarks, tradenames. If necessary, the Intellectual Property Office may extend 
the term up to 6 months. 
Article 10. Registration of trademarks, tradenames 
and issuance of certificate 
1. If the Intellectual Property Office makes a decision to register trademarks, 
tradenames, these trademarks, tradenames shall be registered in the State record, and 
issued a certificate of trademarks, tradenames, and the application be stored in the state 
fund of trademarks, tradenames. The application for trademarks, tradenames registerd by 
the Intellectual Property Office shall be stored for the period of 10 years from the expiry 
date of certificate. IP/NIlIMNG/TI 1 
Page 8 
2. In the certificate of trademarks, name, address, type of activity of the owner of 
trademarks, main characteristics of trademarks, No and date of decision to issue a 
certificate, the filing date of application, term of validity of certificate shall be indicated 
and a member of the Government competent to the matters shall sign and put stamp. 
3. In the certificate oftradenames, name of the economic entity, peculiarity of 
activity, decision of the issuing authority of certificate, filing date, term of validity of the 
certificate shall be indicated and a member of the Government competent to the matters 
shall sign and put stamp. 
4. If the Intellectual Property Office makes a decision objecting registration of 
trademarks, tradenames, a copy of the conclusion of the examination shall be sent within 
30 days from the date of decision made, to the applicant. In case if the applicant does not 
agree with the decision made, he may, within 30 days from the date of receipt of the 
decision objecting registration, apply to the court. 
5.The Intellectual Property Office publishes in the press the bibliography, 
drawings of the trademarks, and tradenames registered. 
Article 11. Term of validity ofthe certificate of trademarks, tradenames, 
its exstension 
1. The certificate of trademarks, tradenames shall be valid during the period of 10 
years from the date of issue. 
2. The term of validity of certificate oftrademarks, tradenames may be extended 
basing on the owner's application for 10 years. 
3.The application for extension of the term of validity of the certificate shall be 
submitted to the Intellectual Property Office within the last year of validity of the 
certificate. The application may, unless submitted before the expiry of the term, be 
submitted during the period of 6 months from the expiry date. 
4. For the extension of the term of validity ofthe certificate, the list of trademarks, 
tradenames, names of goods, service shall not be amended. 
5. In case if the name, address of the owners of trademarks, tradenames are 
changed, the Intellectual Property Office, within the period of 6 months, shall be notified 
in written form. The Intellectual Property Office publishes in the press every time when a 
decision to extend the term of the certificate of trademarks, tradenames is made, changes 
in the state record of trademarks, tradenames are made. 
Article 12. Fee of certificate of trademarks, tradenames IP/N/1/MNG/T/l 
Page 9 
1. For granting and extending the term of certificate of trademarks, tradenames, a 
fee shall be paid according to the amount reflected in the Law of Mongolia on Stamp­
Duty. 
2.The fee shall be paid within the period of3 months from the date of the decision 
to grant certificate of trademarks, tradenames, to extend the term of certificate of 
trademarks, tradenames was made. 
CHAPTER III 
RIGHTS OF OWNER OF TRADEMARKS, TRADENAMES, 
OWNERSHIP, EXPLOITATION, EXPENDITURE OF 
TRADEMARKS, TRADENAMES 
Article 13. Rights of owner of trademarks, tradenames 
1. Registered trademarks, tradenames give an exclusive right to the owner with 
regard to the trademarks, tradenames. 
2.The owner of trademarks, tradenames has the following rights: 
(I) to exploit registered trademarks, tradenames for his goods, service; 
(ii) to own his registerd trademarks, tradenames I own, exploit, expend!; 
(iii) to let others to exploit registered trademarks, tradenames under license contract; 
(iv) to transfer trademarks to others; 
(v) to get references, confirmation from the Intellectual Property Office on registered 
trademarks, tradenames; 
(vi) in the case ifhis registered trademarks, tradenames are exploited unlawfully by 
others, to demand to stop it and protection against infringement of his rights, 
(vii) to demand to stop exploitation of similar trademarks, tradenames to previously 
registered trademarks, tradenames, and recompansation for occured damages. 
Article 14. Exploitation of trademarks 
1.The following actions are considered as an exploitation of trademarks 
(i) to exploit trademarks for goods, their packaging, service; 
(ii) to supply goods with trademarks for ttrade,or storen serve for this purpose; 
(iii) to import, export goods with trademarks; 
(iv) to exploit trademarks for official letter, or other documents, advertisements; 
(v) The owner of trademarks may use letter "c" in circle, which show trademarks 
were registered, together with trademarks. 
2. If a person exploits similar trademarks to registered trademarks without 
authorisation of the owner of these trademarks, for similar goods, service, it is 
considered as infringement of rights of ownership. IP IN/I/MNG/T /1 
Page 10 
3.It is not considered as infringement of ownership if registered trademarks are 
exploited in the following way: 
(i) the owner of trademarks, or a person with owner's authorisation exploits in the 
country, in the way indicated in paragraph 1 ofthis Article; 
(ii) the owner of trademarks, or a person with owner's authorisation exploits these 
trademarks in connection with the goods, if these goods with trademarks are 
already in the market. 
Article 15. Exp/otation of tradenames 
1. A legal entity, while participating in civil activities, shall exploit tradenames for 
advertisement of its goods in packaging, introduction, official documents, exhibition. 
2. Tradenames may be exploited by trademarks. In case if trademarks, tradenames 
are discrepant, trademarks shall prevail. 
Article 16. Transfer of trademarks to others, termination of rights 
to own trademarks 
1. The owner of trademarks may in whole ,or partly, the rights to own trademarks 
to others by means of inheritance, or other means. 
2. The rights to own trademarks may be transferred on the base of a contract. The 
contract shall be made in written form, and legalized with signiture of both parts, and 
may be witnessed by notary if so wish. 
3. The contract of transfer of trademarks shall be registered in the Intellectual 
Property Office. 
4. The rights to own trademarks shall not be transferred in case if the type, 
origine, quality, purpose of goods, service, name of place and means of manufacture are 
misleading the consumers. 
The rights to own trademarks terminate by following reasons: 
(i) to transfer completely to others by law, or contract; 
(ii) to lose the rights to own by reason indicated in law; 
(iii) the owner is dead, announced dead; 
(iv) Legal entity is dismantled; 
(v) other reasons indicated in Law. 
Article 17. Transfer of tradenames 
Transfer of exclusive rights to exploit tradenames is forbidden in other cases than 
a legal entity is restructured, transferred completely to others' ownership. Article 18. License contract IP/N/1/MNG/T 11 
Page 11 
1. Interested person shall make a license contract to exploit trademarks, 
tradenames with their onwer. A license contract shall be made in written form and signed 
by both parts. In case of an exploitation of tradenames under a license contract, the parties 
shall pre-agree on measures preventing mislead of consumers. 
2. Followings shall be pre-agreed in the license contract: 
(i) way, scope, term of exploitation of trademarks, tradenames, quality requirements, 
inspection for related goods, service; 
(ii) rights, duties of parties; 
(iii) amount and procedure of payment of recompansation for exploitation of 
trademarks, tradenames ; 
(iv) scope of the territory where a licxense contract is effective 
3. License contract shall be registered in the Intellectual Property Office. 
4. Collective marks, name of geographical origine of goods shall not be 
transferred to others by license contract. 
CHAPTER IV 
MISCELLANEOUS PROVISIONS 
Article 19. Cancellation of certificate of trademarks, tradenames, 
consideration as invalid 
1. An interested person may, ifhe considers that trademarks are registered 
breaking the provisions of Article 3 (1), if necessary, Articles 3 (2), (3), 4 (1),(2),(3), and 
tradenames registered against the provisions of Article 5 (3)-(7), make a request to the 
court to cancel these trademarks, tradenames. 
2. An interested person may, ifhe considers that trademarks are registered against 
the provisions of Article 4 (3), iV,v,vi of this Law, apply to the court to cancel the 
certificate within the period of 5 years from the registration date of the trademarks. 
3. If the court, after examination, considers justified, makes a decision to cancel 
the registration of trademarks, tradenames ,ad inform the Intellectual Property Office in 
written form. 
4. The Intellectual Property Office considers the certificates of trademarks, 
tradenames as invalid in the following cases: 
(i) an application to extend term is not submitted within the period of 6 months from 
the expiry date of certificate of trademarks, tradenames; IP/NIlIMNG/TI 1 
Page 12 
(ii) a fee indicated in Article 12 of this Law is not paid in due time; 
(iii) owners of trademarks, tradenames informed in written form refusal of the rights 
of registered trademarks, tradenames; 
(iv) economic entity that owns trademarks, tradenames did not transferred under 
license contract the rights to own these trademarks, tradenames after its dismantle 
(v) owners of trademarks, tradenames did not, without any reason, exploit 
trademarks for 5 years, tradenames for 3 years from their registration. 
5. An interested person has the right to apply to the court within the period of 30 
days if he disagree with the decision to cancel certificate of trademarks, tradenames. 
6. An interested person may, in connection with the provisions of paragraph 
4,(iv) of this Article, submit an application for cancellation of certificate of trademarks to 
the Intellectual Property Office. 
7. In case if certificate of trademarks, tradenames is cancelled, the Intellectual 
Property Office shall make necessary amendments in the state record of trademarks, 
tradenames, and shall publish in the press. 
Article 20. Settlement of disputes, grievances 
1. The Intellectual Property Office shall settle the following dispute, grievances 
concerning trademarks, tradenames: 
(i) examination in the application for trademarks, tradenames; 
(ii) according of filing and priority date; 
(iii) rights to be an author. 
2. The Intellectual Property Office has the duty to settle disputes and grievances 
and respond within the period of30 days from the date of their receipt. 
3.Ifthe disputing parties disagree with the decision of the Intellectual Property 
Office, they may, within 30 days from the receipt of decision, apply to the court. 
4.The court shall settle all disputes, grievances except those entitled by Law to the 
Intellectual Property Office. 
Article 21. Liability for violation of legislation concerning trademarks, trade names 
1. A person who commits a violation of legislation concerning trademarks, 
tradenames shall be liable to a fine of up to 2000-50000, an economic entity liable to a 
fine of up to 10000-250000 tugrigs, and the profits gained from the unlawful exploitation 
of trademarks, tradenames shall be paid to the owner of trademarks, tradenames, and 
profits gained from sale of goods shall be transferred to the state ownership, and 
production and service activities shall be stopped by the judge unless any criminal 
liability is provided. IP IN I lIMNG/T 11 
Page 13 
2. A person who infringes the rights of owners of trademarks, tradenames shall be 
liable under the legislation of Mongolia. 
Article 22. Enforcement of the Law on trademarks, tradenames 
The court may use the previous enforcement with regard to relations arised in 
connection with trademarks, tradenames, before adoption of the Law on trademarks, 
tradenames unless they damage to the interests of parties. 
Article 23. Entry into force 
This Law shall enter into force on February 1, 1997. 