How to Register a Trademark in Mongolia

Why Register a Trademark in Mongolia

Mongolia operates a first-to-file trademark system under the Law of Mongolia on Trademarks and Geographical Indications (Trademark Law). Rights in a trademark are acquired through registration with the Intellectual Property Office of Mongolia (IPOM), not through use. A brand that has traded internationally for decades has no automatic protection in Mongolia by virtue of its reputation or prior use alone.

Under Article 6.7 of the Trademark Law, where two or more parties file for identical marks covering identical goods or services, the rights of the party that filed first are protected. Article 12.1 confirms that the exclusive rights of a trademark owner arise upon registration.

For foreign brand owners with any commercial exposure to Mongolia -- whether through distribution, retail, licensing, mining, or digital services -- early registration is the most effective and most cost-efficient form of brand protection available.

Two Routes to Registration

Foreign applicants can register a trademark in Mongolia through two routes.

Route 1 -- Direct National Application
A trademark application filed directly with the IPOM. This route is appropriate where Mongolia is the primary or only jurisdiction of interest, or where speed of national registration is a priority.

Route 2 -- Madrid Protocol Designation
An international trademark application filed through the World Intellectual Property Organization (WIPO) that designates Mongolia. This route is appropriate where the applicant is managing a multi-jurisdiction filing programme. Mongolia is a member of both the Madrid Agreement and the Madrid Protocol, as defined in Articles 3.1.20 and 3.1.21 of the Trademark Law.

Both routes require the appointment of a licensed Intellectual Property Agent in Mongolia. Foreign applicants cannot file directly with the IPOM without local representation (Art. 6.2, Trademark Law).

Step-by-Step: The Registration Process

Step 1 -- Trademark Search

Before filing, we recommend conducting a comprehensive search of the Mongolian trademark register to assess availability. The IPOM maintains a searchable online database covering both national registrations and Mongolian designations of international registrations. A clearance search identifies potentially conflicting earlier marks and allows the applicant to assess registrability and conflict risk before committing to a filing.

Step 2 -- Preparation and Filing of the Application

Under Article 6.4 of the Trademark Law, a trademark application consists of a completed application form -- prepared according to the template approved by the IPOM -- together with proof of payment of the prescribed fees. The application form (Article 6.5) must set out:

• - The request for registration of the trademark
• - Name, address, and nationality of the applicant
• - A clear representation of the mark -- for word marks, the meaning of the word must be explained; for marks in non-Cyrillic script, a transliteration and translation must be provided
• - A description of the mark and its form of expression
• - A list of goods and services, classified according to the Nice Classification
• - Where a collective or certification mark is sought, a statement to that effect

The following must also be submitted with the application (Article 6.6):

• - A power of attorney where a licensed IP agent acts on behalf of the applicant -- must be submitted within two months of the filing date (Art. 7.6, Trademark Law). No notarisation or legalisation is required; a signed copy is sufficient
• - Where collective or certification mark status is sought, the rules of use and list of authorised users
• - Where priority is claimed under the Paris Convention, a certified copy of the priority document -- must be submitted within three months of the filing date (Art. 7.7, Trademark Law)

Step 3 -- Formal Examination

Following receipt of the application, the IPOM conducts a formal examination to verify that the application form and accompanying documents satisfy the requirements of the Trademark Law (Art. 7.1). This must be completed within ten working days of receipt. A filing date is accorded once the formal requirements are satisfied (Art. 7.2). If formal deficiencies are identified, the applicant has twenty working days to remedy them. If the deficiencies are not remedied within that period, the application is deemed withdrawn (Art. 7.3, 7.5).

Step 4 -- Publication

Following formal examination and the according of a filing date, the IPOM publishes the trademark application -- including its bibliographic details and representation -- in the Official Gazette (Art. 7.10, Trademark Law). From this point, the application is visible to third parties.

Step 5 -- Opposition

Following publication, any interested third party may file an opposition within three months of the filing date (Art. 8.10, Trademark Law). This period may be extended by up to two months on request, subject to payment of a service fee (Art. 8.11). For Mongolian designations of international (Madrid) applications, the opposition period is five months from the date of international publication -- not three months from the filing date. This distinction is important for foreign counsel managing Madrid portfolios (Art. 11.9, Trademark Law, added by the 2021 amendments).

Step 6 -- Substantive Examination

The IPOM examines the application to determine whether the mark satisfies the requirements of Article 5 of the Trademark Law. Examination must be completed within nine months of the filing date and may be extended by up to six months if necessary (Art. 8.2). Absolute grounds for refusal include lack of distinctiveness, descriptiveness, deceptiveness, and conflict with public policy. Relative grounds arise where the applied-for mark is identical or confusingly similar to an earlier registered mark or pending application covering identical or similar goods and services (Art. 5.2.6, 5.2.7). If the IPOM identifies grounds for refusal, it issues a preliminary refusal and notifies the applicant. The applicant has three months to file a substantive response, extendable by up to three months on request with a service fee (Art. 8.5). The IPOM must then issue a final decision within three months of receiving the response (Art. 8.6). If no response is filed within the deadline, the refusal becomes final (Art. 8.7).

Step 7 -- Registration

If the application satisfies the requirements of the Trademark Law -- and no opposition has been filed or any opposition has been resolved in the applicant's favour -- the IPOM registers the mark in the national trademark register and issues a certificate of registration (Art. 9.1, Trademark Law). Average processing time: 9 to 12 months from filing to registration, assuming no objections or oppositions are raised. We provide regular updates throughout the prosecution process.

The First-to-File Risk

Mongolia's first-to-file system means the risk of a third party registering an identical or similar mark is real -- and the consequences can be significant. We have advised clients who discovered, upon entering the Mongolian market, that their brand had already been registered locally by an unrelated party. In some cases those registrations were opportunistic. Resolving such situations through invalidity proceedings is possible but takes time and resources.

The 2021 amendments to the Trademark Law introduced bad faith as an explicit ground for refusing or invalidating a trademark registration (Art. 5.2.11). This provides a stronger basis than previously existed for challenging opportunistic filings. General invalidity requests must be filed within one year of publication in the Official Gazette (Art. 32.3). Bad faith invalidity under Art. 5.2.11 has no stated time limit under the Trademark Law, but prompt action is always advisable.

Prevention through early registration remains the most effective strategy.

Opposition Procedure

Following publication, any interested third party may file an opposition within three months of the filing date (Art. 8.10, Trademark Law). The opposition period may be extended by up to two months on request with a service fee (Art. 8.11). For Mongolian designations of Madrid applications, the period is five months from international publication (Art. 11.9). Oppositions are filed with the IPOM and must be submitted through a licensed Mongolian IP agent. Where a client's mark is published and faces opposition, or where a client wishes to oppose a conflicting application, Alimaa IP Law represents clients in all stages of the proceedings before the IPOM.

Well-Known Marks

Mongolia recognises well-known marks under the Trademark Law and the Regulation on Determination of Trademarks as Being Well Known (2014). Article 5.2.8 of the Trademark Law provides that a mark identical or similar to a well-known mark shall not be registered regardless of the goods or services class, where such registration would cause confusion, gain unfair advantage, or damage the reputation of the well-known mark.

A trademark may be recognised as well-known in Mongolia even if it is not registered in the territory, provided it meets the applicable criteria. Recognition as a well-known mark provides enhanced protection and strengthens the basis for opposing or invalidating conflicting registrations. We advise clients on the eligibility of their marks for well-known status and handle all aspects of the recognition process before the IPOM.

Renewals

Under Article 9.3 of the Trademark Law, a Mongolian trademark registration is valid for ten years from the filing date and may be renewed indefinitely for successive ten-year periods. Under Article 10.2, a renewal request may be submitted up to twelve months before the expiry of the registration. Where renewal is requested after expiry, a surcharge applies and the request must be filed within six months of the expiry date. No additions may be made to the specification of goods and services on renewal (Art. 10.3). We provide renewal reminder services and manage all aspects of the renewal process for clients maintaining ongoing trademark portfolios in Mongolia.