A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin.

A geographical indication indicates the location that determines the characteristics of the products originating from there, so the purpose of a geographical indication is to inform consumers about the place of origin and the features of the product.

Geographical indications are typically used for agricultural products, foodstuffs, except for natural and mineral waters.

A trademark is a mark used by natural persons or legal entities to distinguish their goods or services from the goods or services of other enterprises. While the geographical indication indicates that the product is made in a certain place և has features that depend on the place of production.

The proprietor of a trademark has the exclusive right to prohibit the illegal use of his trademark by third parties, while the geographical indication may be used by any person who manufactures the goods in a geographically indicated area whose product characteristics meet the required provisions.

In other words, there is no rights holder of the designation of origin as such, therefore, there can be no question of exclusive rights to the designation of origin.

Indication of source:  geographical name of an area, a specific place or, in exceptional cases, a country used to indicate a product that originated from a given area, a specific place or country, the unique quality or other characteristics of which are mainly or exclusively due to the given geographical environment; including natural and human factors, whose production, processing and preparation takes place in a given geographical area.

Guaranteed traditional product – agricultural product or foodstuff with well-known characteristics that is registered in accordance with the Law of RA on Geographical Indication.

The following names shall not be eligible for registration and protection as geographical indication, designation of origin or guaranteed traditional product, which:

1) have become the generic name of the product;

2) contradict with public order, accepted principles of humanism or morality or undermines national or spiritual values.

The name cannot be registered as geographical indication or designation of origin, where it:

1) may mislead the consumer as to the true nature of good with respect to any trademark due to its reputation and recognition , as well as the duration of its use;

2) creates confusion with the names that are homonymous with names of plant varieties or animal breeds for comparable products if as of the date of filing the application for registration of the geographical indication or designation of origin the variety or breed is in such commercial production that the consumer may be liable to confuse the products bearing the registered name and the variety or the breed.

No, protected geographical indications may not become generic.

Registered geographical indications and designation of origin shall be protected:

1) from any direct or indirect commercial use of the registered name, for products not covered by the registration to the extent, where those products are comparable with the products registered under that name or to the extent, where such use allows to benefit from the reputation of the protected name;

2) from any misappropriation, reproduction, imitation or any use creating evocation (association) to them, (even where the true origin of the product is mentioned), or its protected name is used in translation, or is accompanied with such expressions as “gender”, “kind”, “type”, “style”, “imitation” or similar other expressions;

3) from any false or misleading indication referring to the origin, geographical location, natural conditions or essential qualitative features of the product, which are found on the product or its packaging, advertisement, documents of the given product or containers designed for packaging, which can mislead as to the geographical origin of the product;

4) from any action, which can mislead the consumer as to the true geographical origin of the product.

The state registration of a geographical indication, designation of origin or guaranteed traditional product is being carried out on the basis of applications filed by NN 1 (PDF, DOC), 2 (PDF, DOC), 3 (PDF, DOC), respectively, which is filed at the Intellectual Property Office (hereinafter as Office).

Only the group that carries out the production activity of the goods mentioned in the application has the right to file an application for registration of a geographical indication, designation of origin or guaranteed traditional product and the product created as a result of that activity complies with the requirements of the Articles 8 or 9 of the Law.

To the group, filing application for the registration of the geographical indication, designation of origin or guaranteed traditional product:

1) may be made equal to one physical or legal persons, if, as of the date of filing the application, he is the only person implementing the production activity of the products stated in the application;

2) may join other interested persons as well.

The applicant may be represented in person or through a representative.

The application is submitted to the state authorized body in Armenian. The documents attached to the application may be submitted in another language. In case of submitting the attached documents in another language, the Armenian translation of them shall be submitted within two months from the date of submitting the application.

1. The application for registration of the geographical indication or designation of origin shall contain:

1)The technical specifications provided by law, which must be checked and approved by the competent state body.

2) single document, which contains principal elements of technical requirements, the name, for which the registration is sought, description of product and, where necessary, special rules applied to the packaging or labeling of the product, brief description of the boundaries of mentioned geographical zone, the description of relation between the product and, in accordance with clauses 2 of paragraphs 1 and 2 of Article 8 of this Law, geographical environment or geographical origin, including, where necessary, special elements of the description of the product or its production method, that come to establish that relation.

2. For wines applications for protection of names as designations of origin or geographical indications shall include a single document containing:

(1) the name to be protected;

(2) the main elements of technical characteristics;

(3) the principal analytical and organoleptic characteristics of the wine and in the case of designation of origin, as well as an evaluation of its organoleptic characteristics;

(4) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant pecularities on making the wine(s);

(5) the demarcation of the geographical area concerned;

(6) the maximum yields per hectare;

(7) an indication of the wine grape variety or varieties the wine(s) is obtained from;

(8) the details bearing out the link referred to in Article 8 paragraph 6 (1) or, as the case may be, in Article 8 paragraph 7 (1).

3. For spirit drinks the single document for registration of geographical indication shall include:

(1) the name and category of the spirit drink including the geographical indication;

(2) the main elements of technical characteristics;

(3) a description of the spirit drink including the principal physical, chemical and/or organoleptic characteristics of the product as well as the specific characteristics of the spirit drink as compared to the relevant category;

(4) the definition of the geographical area concerned;

(5) a description of the method for obtaining the spirit drink and, if appropriate, the authentic and unvarying local methods;

(6) the details bearing out the link with the geographical environment or the geographical origin;

(7) any requirements laid down by the country concerned and/or national and/or regional legislation;

(8) any supplement to the geographical indication and/or any specific labelling rule, according to the relevant technical file.

4. The application of guaranteed traditional product shall contain:
1) technical requirements envisaged by paragraph 3 of Article 11, which should be verified and approved by the competent state body;
2) the names, location (addresses) and precise functions of the bodies competent to carry out the supervision of technical requirements;
3) documents, proving the specific and traditional nature of the product.

The application filed at the Office shall be subject to an examination, during which the compliance of the application with the provisions of Article 18 of the Law shall be verified. The duration of the examination shall not exceed 9-month-period.

The examination process includes an examination of compliance with the terms of the application and substantive examination.

State fees (Account N 900005016200, code 20, Central Bank of the Republic of Armenia) are charged for actions of legal actions related to the legal protection of geographical indication, appellation of origin or guaranteed traditional products, in accordance with Article 18.4 of the Law on State Duty, in particular:

30,000 AMD to file an application

40,000 AMD for examination

These fees are paid and submitted upon filing the application.

A registration fee of AMD 50000 is paid within three months from the date of receiving the decision on granting the applicant the right to use the geographical indication, the appellations  of origin and the guaranteed traditional product in the State Registers of geographical indications, appellations  of origin and guaranteed traditional products.

The application can be submitted in the following forms:

by mail, paper document, at the following address: 5/1 M. Mkrtchyan, Yerevan 0010, Republic of Armenia,

in person, by paper document, at the following address: 5/1 M. Mkrtchyan, Yerevan 0010, Republic of Armenia.

The registration of a geographical indication is valid indefinitely. The GI becomes not valid if, due to the change or elimination of natural or human factors specific to the given geographical area, it becomes impossible to produce products that will have the quality and features indicated in the register.

The authority that approves the technical specifications, defines the general principles, stages and procedures of the control over the observance of the technical specifications is the Department of Food Security and Agro-Processing of the Ministry of Economy of the Republic of Armenia.