Appellations of Origin

– Law on Trademarks, Service Marks and Appellations of Origin, in force since September 20, 2001; last amendments in force since March 4, 2022.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 15, 2012.

Filing

Applicant: individuals or legal entities. 

Foreigners: enjoy the same rights as nationals; must appoint an Uzbek agent. 

Kinds of protection: appellations of origin.

Not registrable: geographical denominations which may lead to confusion as regard to a place of production, which formally indicate a real place of production but actually give a false notion of origin of goods, which are generally used as denominations of the defined goods; registered as an appellation of origin or geographical indication in relation to goods of the same type.

Priority: not regulated.

Territory covered: the Republic of Uzbekistan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization): date, place, applicant’s name and address, signatory’s position are required;
2. The claimed appellation of origin (words);
3. Sort of goods or definite goods;
4. Description of specific qualities of goods;
5. Place of production, borders of geographical object to be defined;
6. Document confirming the applicant’s right on the claimed appellation of origin in the country of origin of goods;
7. Payment of the official filing fee (must be paid before filing, prepayment without time limitation, and receipt submitted).

Electronic filing: available.

Examination Procedure

Examination: a formal examination and a substantive examination.

The formal examination is carried out within thirty days after the filing date and comprises checking the formal requirements.

The substantive examination is carried out after the completion of the formal examination, within seven months from the filing date, and comprises checking if the requirements for registrability are met.

Amendments and corrections: voluntary amendments or formal corrections may be filed during the entire formal and substantive examination periods before issuance of a granting decision with payment of the corresponding fee. Additional materials modifying the claimed appellation of origin are not accepted. 

Appeal: possible against a negative decision of the Patent Office Examining Department, before the Appeal Board, within a three-month term of the decision date. If still negative, appeal to the court can be lodged, within six months from the date of Appeal Board decision.

Granting and Protection

Registration: within three days after the Patent Office has received the payment of the registration fees. 

Publication: appellation of origin particulars are entered into the State Appellations of Origin Register after the granting decision, and published in the Patent Office Gazette.

Certificate of registration: to be issued within ten days after registration.

Duration – extension: ten years from the filing date; renewable for further ten-year periods, document confirming that the owner of the registered appellation of origin is located in the registered geographical place and produces goods of the quality indicated in the Register to be submitted. Grace period: six months.

Exclusive right: the person who has registered the appellation of origin receives the right to use it, and this right may also be granted to another legal entity or individual located in the same geographical object and producing goods with the same special properties.

Use: advertisement, publication in printed matters, or presentation on goods, packages.

Conversion into geographical indication: possible for applications for appellation of origin or registered appellations of origin.

Modification of Protection after Registration

Nullification: any person concerned during the entire period of validity may object to and appeal an appellation of origin registration if the conditions established by the Law for registration are not fulfilled or if specific conditions of the geographical object disappear and there is no possibility to produce the goods of the quality indicated in the Register or if the owner's right to use the appellation of origin in the country of origin is forfeited.

Infringement: penal provisions provided.