NMPT
According to article 1516 of the Civil Code of the Russian Federation, the appellation of origin of goods to which legal protection is provided is a designation representing either containing a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical object , as well as a designation derived from such a name and which became known as a result of its use in relation to a product, the special properties of which are exclusively or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical object.
Special properties of the appellation of origin of goods are exclusively or mainly determined by the natural conditions or human factors characteristic of a given geographical object, or natural conditions and human factors simultaneously.
The functions performed by trademarks (distinctive, informative, informational, advertising) coincide with the functions performed by appellations of origin of goods.
However, the main differences of the NMPT from the trademark are that the names of geographical objects cannot be registered as trademarks. A trademark certificate gives its owner exclusive rights, and the NMPT may be registered by one or several legal entities or individual entrepreneurs who are in the same geographical location and produce goods with the same properties. The certificate holder does not have the right to grant licenses for the use of NMPT to other persons.
Examples of NMPT:
• “VORONEZH BREAD”
• (AOOT “Bakery plant number 2”, Voronezh)
• “NARZAN”
• (TOO “Caucasian Mineral Waters”, Kislovodsk)
• “MIKHAILOVSKOYE KRUZHEVO”
• (TOO “Artistic and Creative Workshop “Mikhailovskoye kruzhevo”, Ryazan)
7 reasons for NMPT registration:
1. Protection of Your NMPT from possible encroachments of competitors.
2. The possibility of making a profit from the use of NMPT (through the sale of NMPT).
3. Increasing the market value of Your organization or individual entrepreneur.
4. Increasing the authority of Your organization or individual entrepreneur in the domestic and foreign markets.
5. Improving the competitiveness of products and services of Your organization or individual entrepreneur in the domestic and foreign markets.
6. Statement on the balance sheet of organization or individual entrepreneur of NMPT as an intangible asset.
7. The possibility of reducing the taxable base of organization or individual entrepreneur by registration of NMPT.
Registration of NMPT is carried out by the federal executive authority for intellectual property - the Federal Institute for Industrial Property (FIPS, Rospatent).
After registration of NMPT in the permitted manner, protection against unfair actions of competitors in respect of NMPT is carried out by its right holder (legal entity or individual entrepreneur), in particular, by filing a claim with the Arbitration court, a specialized court for intellectual rights, as well as law enforcement agencies (in the presence of a crime).
On average, registration of NMPT takes 12 months.
The certificate of NPMT registration is issued for a period of 10 years and is valid throughout the territory of the Russian Federation. After the expiration of this period, the right holder has the right to extend the validity of NMPT certificate for the next period, while paying the required state fee.
The cost of NMPT registration is:
Stage 1
6 000 rubles -
Service to verify the designation in databases of registered NMPT and filed applications. The duration of the stage is 5 working days. Upon completion, a written report with conclusions and recommendations is provided.
Stage 2
30 000 rubles -
Services for the preparation of the necessary set of documents for filing an application for registration, express sending of application, its paperwork maintenance (responses to notifications, requests, obtaining a certificate).
The preparation term of the necessary documents for the application: 5 working days.
2 700 rubles -
The state fee for registration of NMPT application and decision-making on the results of the formal examination.
10 800 rubles -
State fee for the examination of the designation on the merits.
Stage 3
16 000 rubles -
NMPT registration and granting of the exclusive right to such a name, granting the exclusive right to the previously registered appellation of origin of the goods. Payable approximately 16-18 months after filing an application for registration.
2 000 rubles -
The issue of a certificate of exclusive right to NMPT.
Thus, the cost of NMPT registration is 57,500 rubles.
Special properties of the appellation of origin of goods are exclusively or mainly determined by the natural conditions or human factors characteristic of a given geographical object, or natural conditions and human factors simultaneously.
The functions performed by trademarks (distinctive, informative, informational, advertising) coincide with the functions performed by appellations of origin of goods.
However, the main differences of the NMPT from the trademark are that the names of geographical objects cannot be registered as trademarks. A trademark certificate gives its owner exclusive rights, and the NMPT may be registered by one or several legal entities or individual entrepreneurs who are in the same geographical location and produce goods with the same properties. The certificate holder does not have the right to grant licenses for the use of NMPT to other persons.
Examples of NMPT:
• “VORONEZH BREAD”
• (AOOT “Bakery plant number 2”, Voronezh)
• “NARZAN”
• (TOO “Caucasian Mineral Waters”, Kislovodsk)
• “MIKHAILOVSKOYE KRUZHEVO”
• (TOO “Artistic and Creative Workshop “Mikhailovskoye kruzhevo”, Ryazan)
7 reasons for NMPT registration:
1. Protection of Your NMPT from possible encroachments of competitors.
2. The possibility of making a profit from the use of NMPT (through the sale of NMPT).
3. Increasing the market value of Your organization or individual entrepreneur.
4. Increasing the authority of Your organization or individual entrepreneur in the domestic and foreign markets.
5. Improving the competitiveness of products and services of Your organization or individual entrepreneur in the domestic and foreign markets.
6. Statement on the balance sheet of organization or individual entrepreneur of NMPT as an intangible asset.
7. The possibility of reducing the taxable base of organization or individual entrepreneur by registration of NMPT.
Registration of NMPT is carried out by the federal executive authority for intellectual property - the Federal Institute for Industrial Property (FIPS, Rospatent).
After registration of NMPT in the permitted manner, protection against unfair actions of competitors in respect of NMPT is carried out by its right holder (legal entity or individual entrepreneur), in particular, by filing a claim with the Arbitration court, a specialized court for intellectual rights, as well as law enforcement agencies (in the presence of a crime).
On average, registration of NMPT takes 12 months.
The certificate of NPMT registration is issued for a period of 10 years and is valid throughout the territory of the Russian Federation. After the expiration of this period, the right holder has the right to extend the validity of NMPT certificate for the next period, while paying the required state fee.
The cost of NMPT registration is:
Stage 1
6 000 rubles -
Service to verify the designation in databases of registered NMPT and filed applications. The duration of the stage is 5 working days. Upon completion, a written report with conclusions and recommendations is provided.
Stage 2
30 000 rubles -
Services for the preparation of the necessary set of documents for filing an application for registration, express sending of application, its paperwork maintenance (responses to notifications, requests, obtaining a certificate).
The preparation term of the necessary documents for the application: 5 working days.
2 700 rubles -
The state fee for registration of NMPT application and decision-making on the results of the formal examination.
10 800 rubles -
State fee for the examination of the designation on the merits.
Stage 3
16 000 rubles -
NMPT registration and granting of the exclusive right to such a name, granting the exclusive right to the previously registered appellation of origin of the goods. Payable approximately 16-18 months after filing an application for registration.
2 000 rubles -
The issue of a certificate of exclusive right to NMPT.
Thus, the cost of NMPT registration is 57,500 rubles.