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IT IS REGISTERED

Ministry of Justice

Republic of Uzbekistan

On November 1, 2002 No. 1185

ORDER OF THE STATE PATENT AUTHORITY OF THE REPUBLIC OF UZBEKISTAN

of October 11, 2002 No. 52

About approval of Rules of creation, giving and consideration of the request for registration of the name of the place of goods origin and provision of right to use by the name of the place of goods origin

(as amended on 26-08-2011)

According to the Resolution of Oliy Majlis of the Republic of Uzbekistan of August 30, 2001 "About enforcement of the Law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin" I order:

1. Approve "Rules of creation, giving and consideration of the request for registration of the name of the place of goods origin and provision of right to use by the name of the place of goods origin" (further - Rules).

2. This order becomes effective after 10 days after state registration in the Ministry of Justice of the Republic of Uzbekistan.

3. Consider invalid the order No. 34 of June 20, 2002.

4. To impose control over execution of this order on the deputy director Yermolaeva V. V.

 

Director

State

Patent authority A. A. Azimov

Approved by the Order of the State patent authority of the Republic of Uzbekistan of October 11, 2002 No. 52

Rules of creation, giving and consideration of the request for registration of the name of the place of goods origin and provision of right to use by the name of the place of goods origin

These rules of creation, giving and consideration of the request for registration of the name of the place of goods origin and right to use are developed by the name of the place of goods origin (further - Rules) according to the Law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin" and determine procedure for creation, giving and consideration of the request for registration of the name of the place of goods origin and right to use by the name of the place of goods origin.

List of reducings

Law - The law of the Republic of Uzbekistan "About trademarks, service marks and names of places of goods origin".

The agency - the Agency on intellectual property of the Republic of Uzbekistan.

the request - the request for registration and provision of right to use by the name of the place of goods origin and the request for right to use provision by already registered name of the place of goods origin.

Register - State register of names of places of goods origin of the Republic of Uzbekistan.

Chapter I. Creation and application for registration of the name of the place of goods origin and provision of right to use by the name of the place of goods origin.

1. Request

1. According to article 5 of the Law the name of the place of goods origin is the country name, the settlement, the area or other geographical object (further - geographical object) used for designation of goods which special characteristics only or are mainly determined by environment or other factors or combination of environment and these factors, characteristic of this geographical object.

2. The modern name of geographical object, the historical name of this object or derivative of them can be the designation registered as the name of places of goods origin.

The designation registered as the name of places of goods origin may contain in addition specifying on specific (patrimonial) designation of goods.

3. According to article 5 of the Law of designation, mentioned in Items 1 and 2 of these rules, can be registered as the name of the place of goods origin under condition if they are used for designation of goods which special characteristics only or are mainly determined by environment or other factors or combination of environment and these factors, characteristic of this geographical object, at the same time.

4. According to article 11 of the Law as the name of the place of goods origin designations cannot be registered:

a) the representing geographical names misleading the consumer concerning goods production site;

b) formally specifying true production site of goods, but giving wrong idea that the goods occur from other territory;

c) the containing geographical names which are not connected with the place of production of goods and entered in the Republic of Uzbekistan the general use as designation of goods of certain type.

5. According to part one of article 8 of the Law differentiate:

a) request for registration and provision of right to use by the name of the place of goods origin;

b) the request for right to use provision by already registered name of the place of goods origin.

6. According to part one of article 9 of the Law the request shall belong to one name of the place of goods origin.

7. According to part two of paragraphs 2, of 3, of the 5th article 9 of the Law the request shall contain:

a) the statement for registration and provision of right to use by the name of the place of goods origin or the statement for right to use provision by already registered name of the place of goods origin with indication of the applicant (applicants), its location or residence (further the statement);

b) the declared designation;

c) type of goods for which designation registration and provision of right to use by the name of the place of goods origin or right to use provision by already registered name of the place of goods origin is asked;

d) specifying of production site of goods (borders of geographical object);

e) description of special characteristics of goods.

8. According to part three of article 9 of the Law shall be attached to the request:

a) the document confirming payment of patent fee in the established size for application;

b) the conclusion of authorized body containing data on finding of the applicant in the specified geographical object and production of goods by it which special characteristics are determined by environment or other factors or environment or other factors, characteristic of this geographical object, at the same time;

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