Geographical Indications

– Law of the Republic of Uzbekistan on Geographical Indications, adopted on December 21, 2021, in force since March 3, 2022.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since December 27, 2006.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 15, 2012.
– Agreement on Cooperation of the Commonwealth of Independent States (CIS) on Measures for the Prevention and Repression of the Use of False Trademarks and Geographical Indications, in force since March 6, 2022.

Filing

Applicant: individuals or legal entities. 

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

Kinds of protection: geographical indications.

Not registrable: designations of: geographical object, within the boundaries of which the goods were originally produced or put into civil circulation, and entered into general use in the Republic of Uzbekistan as a designation of a certain type of goods, unrelated to the place of its production; registered as a geographical indication or appellation of origin of goods in relation to goods of the same type; identical or similar to a trademark or service mark having an earlier priority, if the use of such a geographical indication is capable of misleading the consumer about the product or its manufacturer; representing the name of a plant variety or animal breed, if the use of such a geographical indication is capable of misleading the consumer about the product; capable of misleading the consumer about the product or its manufacturer; submitted for registration as a geographical indication in relation to goods that do not meet the requirements.

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 designation (words) or registered geographical indication;
3. Sort of goods or definite goods;
4. Place of production, borders of geographical object to be defined;
5. Information concerning the dependence of the characteristics of the product on the place of its production;
6. Description of the characteristics of the product, largely determined by its geographical origin, natural conditions characteristic of this geographical object and/or human factors, including the source material used for the production of the product, physical, chemical, microbiological, organoleptic or artistic characteristics of the product;
7. Document confirming the applicant's compliance with the stated provisions and specific characteristics of the goods;
8. 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 fifteen 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 a month 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 geographical indication 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: geographical indication particulars are entered into the State Geographical Indications 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 certificate of the right to use the geographical indication is located in the registered geographical place and produces goods of the quality indicated in the Register to be submitted. Grace period: six months. 

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

Modification of Protection after Registration

Nullification: with the inability to produce goods with the characteristics specified in the Register; with the loss by foreign legal entities or individuals of the right to this geographical indication in the country of origin of the goods.

Infringement: penal provisions provided.