Registration in Ukraine of rights for indication of origin of goods

The indication of origin of goods attests that a good has special properties which are determined by natural conditions and/or human elements of geographical object which is its place of origin.

For example, if Your firm puts out a good with designations among which is indication of place of origin of good (i. e., "Mirgorodska", "Borjomi", etc.), and properties of this good are connected per se with the place of its origin, to protect such good from unfair competitors it is expedient to obtain a Certificate for right of using of indication of origin of good. Particularly, if the good is popular due to its specific properties and qualities (i. e., health-giving property of water, workmanship of plates painting, etc.).

The owner of such Certificate has the right:

a) to use the indication of origin of good (that is to mark on good, packing, etc.);

b) to prohibit illegal exploitation of  indication of origin of good;

c) to demand from persons, who have breached his right, discontinuance of this breaches and compensation of property and moral damage.

Here, the breach of law of the owner of Certificate is use of wrong (false) indication or such indication which abuses a customer about real place of origin of good (i. e., the use of attendant words “of kind”, “of type”, “of style”, “imitation”, etc.).

To obtain a Certificate, the indication of origin of good must be registered in Patent Office.

The relations, arising from the registration, legal protection and use of indications of origin of goods, are regulated by the Law of Ukraine.

The extent of protection is defined by stated in Certificate characteristics of good and by boundaries of geographic area. The Certificate acts from the registration date and has no period of validity.

Unlike rights of owner for mark of goods and services, a person that obtained a right to use the indication of origin of goods cannot grant a licence to other persons. The connection with particular geographic object eliminates the possibility of moving the production of such goods from one place to another. In is impossible to produce widely known goods in geographic areas different to those, the environment of which conditioned the presence of specific properties in indicated goods.

Our firm of patent attorneys of Ukraine «Lazurenko & Partners» provides services for registration of rights for indication of origin of goods in Ukraine and countries of CIS.