An appellation of origin is a special designation of a product. Manufacturers must name their products according to special rules. To this end, Law 3520-1 was adopted in 1992, as amended by the Federal Law of Federal Law 166 of 2002. It speaks of significant standards, emphasizes where and how to mention the NIPT - the name of the place of origin of goods. This is a kind of art, it must be skillfully used.
What is taken into account in the names?
An entrepreneur always plans his activities for a long time. For several months, organizations of any status, especially production ones, do not open. Who does not dream that his product will become a global brand, will gain popularity? In order for the consumer to recognize marketable or food products, appreciate the special qualities, it must be called. It is necessary to include a highlight there - the name of the place of origin of the goods, it’s like with Vologda oil. All over the world he was loved, they know the taste and origin. But you can’t do this with a new invention.
Such an action does not comply with the rules for using the appellation of place of origin of goods, this, of course, means a certain territory that the people recognized. The purpose of this name is not related to a city or region. For example, the production of Kostroma, Poshekhonsky cheeses has been established in many Russian regions. The product indicates only its range, the meaning of territorial origin is lost. The purpose of the signs is in the distinguishing features associated with the objects of some entrepreneurs from the production of homogeneous products in third-party organizations.
What conditions are adhered to?
What is the difference between a trademark and an appellation of origin? In the latter case, the parameters must comply with the legislative framework:
- Create a name design from geographic features, countries, cities, villages, localities, or derived terms.
- The products reflect, as a result of their use, recognizable properties, exceptional, special features that are characteristic of the region, familiar to people, consistent with natural conditions.
Manufacturers use the following for name designations:
- areas;
- areas;
- rivers or hills;
- modern or historical places;
- official and popular;
- full and abbreviated.
To register a specific subject, it is not necessary to indicate only the geography and geographic location; the content may disclose the presentation:
- Tula gingerbread.
- Krasnodar tea.
Products manufactured at the enterprise should not be given the names of those that are in common use:
- Brazilian coffee
- Indian tea.
The ability to use the appellation of origin of goods has a specific entrepreneur who produces the item. Rospatent provides legal protection after registration of a mark. It is allowed to legalize with the same NMPT all applicants who apply.
Signs Overview
The service mark, appellation of origin of goods are presented with a special emblem, with the help of which it is easy to distinguish elements from similar ones according to their purpose.
Issue signs:
It is forbidden to use the notation:
- without distinguishing ability;
- with emblems, flags, emblems of states;
- goods in general use;
- false origin, capable of creating a fictitious representation of the consumer.
Signs are registered by the Patent Office, fixed by the State Register of the Russian Federation. Statistics emphasize with its data that in Russia 164 enterprises registered their products by place names. But the trademarks of entrepreneurs recorded 700,000.
Process for official status
Registration of an appellation of origin occurs in the following order:
- submit an application to fix the place and obtain separate rights to the name, indicate the applicant, his address data;
- represent a drawing or logo;
- indicate the subject;
- reflect the address of production indicating the natural conditions, territorial boundaries, human factors;
- describe the exceptional properties of products;
- pay the state fee for the examination.
The registration office will conduct expert events upon request. Perhaps the experts will need additional documents, all materials on requests should be submitted in a timely manner, 2 months are given for answers.
Duration and use
The right to an appellation of origin is valid for 10 years. After the expiration of the registration procedure is completely repeated. The received certificate gives the holder the right to use the name for a limited period, not to allow others to release goods with the same designation without registration.
According to the law, it can be indicated to the owners of NIPT:
- on the label;
- on packages;
- in advertisements;
- in the documents of turnover.
The validity period of trademarks and certificates obtained in the names of products with the place of origin is the same. The use order is different. The owner may transfer the mark to the same licensees for part of the product or in full. The process depends on the agreement of the participants. The agreement indicates the requirement to comply with the quality of the manufactured goods and the ability to control its properties. Transferring a certificate where the name is fixed with the place of origin of the product is not permitted by law. The owner can only own a certain period of time, but not dispose of it.
Characteristic signs
Trademarks and service marks differ from designations by places of origin of products by the absence of requirements for the latter in novelty. Geographic features cannot be updated except the surrounding infrastructure. The fame on the part of consumers is conveyed by the quality and the attached place, therefore, priority is not applied in this case.
The second sign of a specific object with legal protection is determined by the characteristic nature in the region and human factors living in the region of the people. If these characteristics do not coincide with geography, the name is not recognized.
Moreover, the features that the consumer expects should be:
- stable;
- sustainable;
- famous.
The product endows these qualities:
- geographic environment;
- professional experience;
- traditions of the region;
- Manufacturers from a specific territory.
Goods legitimized by a patent acquire the status of an independent object.
Similarities
The designation standards (both services and commodity) are similar in all respects, only directions differ. Some are designed to advertise a specific manufacturer, others reflect the work or services performed. Product labels are similar to appellations of origin and functions, and it is difficult to distinguish them by their external form, since it is known that product emblems use geographical designations. The distinguishing feature is in the binding of signs to a specific producer, and not to the nature.
If a landmark definition can create in the minds of buyers a false place about production, registration should not be made. For example, Borjomi's real mineral water is taken only from healing springs.
Total
There are many similar and distinctive features in the mandatory state procedure. First of all, to become the owner of the mark or to obtain a document on the place of production, you need to legalize the process. Legal protection will not allow to dispose of the provided exclusive certificate, it is impossible to conclude license agreements with this means of individualization, but you can independently purchase it by separate registration. An example of this is the large number of stickers on bottles with Russian Vodka.