Mongolia: New Mongolian Trademark Law

A new trademark law entered into force in Mongolia on September 23, 2021. The most important changes include the introduction of an opposition procedure, the introduction of additional grounds for refusal (e.g., geographical indications, and, most notably, bad faith), and the re-introduction of a use requirement.

In accordance with the new law, trademark applications are published for opposition after having passed the formalities examination. For national applications, the opposition term is three months from the national publication date. For international registrations designating Mongolia, the opposition term is five months from the publication date of the international registration or subsequent designation by WIPO.

Moreover, trademarks may now be refused, among other things, on the grounds that they are identical with or confusingly similar to earlier registered geographical indications, or that they were filed in bad faith.

Furthermore, trademarks are now once again subject to a use requirement. Trademarks that have not been used for a continuous period of five years from the date of registration or last use may be cancelled upon request of a third party.

With the adoption of the new law, brand owners have been given a number of new instruments in order to more efficiently protect their trademarks in Mongolia.