The procedure for granting the right to use protected geographical name with a protected appellation of origin or with a geographical indication shall be initiated with an application that contains a request for recognition of the right to use the protected geographical indication. As is the case with the protection of the geographical name in one application the applicant can request the right to use only one geographical name relating to only one type of product. The filed application shall be entered in the register for use of protected geographical names.Visit Jeffrey Reisman Toronto for any issue related to law.In order to make the application valid, it should include:
- Request for recognition of the right to use a protected geographical name;
- Evidence for performing certain activities; and
- proof of the control.
If the submitted application is not complete, the State Office of Industrial Property shall notify the applicant within 30 days of receipt of the notification to correct the deficiencies. State Office of Industrial Property, on a reasoned request from the applicant may remove all the deficiencies or to extend it for another 30 days. If the applicant fails to complete the application or fails to pay costs, the State Office for Industrial Property shall dismiss the application for grant of right to use protected geographical name.
After examining the regularity of the application, the State Office of Industrial Property proceeds to examine the fulfillment of the conditions for recognition of the right to use a geographical name. If the State Industrial Property Office finds that the application does not meet the conditions for recognition of right by authorized user of protected geographical name shall notify the applicant of the reasons and let them know that they cannot have the right of authorized user and invite the applicant of receipt to explain the reasons. On reasoned request of the applicant, the State Office of Industrial Property may, for justified reasons, prolong the deadline for another 90 days.
But if, when, after examining the conditions for recognition of the right to use the State Industrial assess are met, he shall issue a decision on the recognition of the right to use the protected geographical indication and shall record it in the Register of users of protected geographical indications. As with the protection of geographical indications, the right of use of protected geographical name is acquired not only by his decision, but with the entry of the right of use in the Register of users of protected geographical names.
After adjudication and registration in the Register of users of protected geographical indications, which occurs after the payment of expenses for publication by the holder of the right of authorized user, the State Office of Industrial Property shall publish information on the granted right of authorized user in their journal. Finally, the authorized user of the protected geographical name, the State Office of Industrial Property shall issue a certificate for the granted right of authorized user within six months from the date of adjudication.