Difference between trademark and geographical indication india
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Coca cola, Peugeot, Marlboro, and Citibank; Cognac, Pislen, Tequila, and Champagne. To a layman all these are brands of consumer goods and services that have become very famous over the years because of their quality, uniqueness, styling and lot many other factors. But in the realm of Intellectual Property Rights these names have been categorized into two distinct categories, one that of trademarks and one that of geographical indications. While the first set of 4 names distinguish products or services and/or their producer, manufacturer, or provider and the next set distinguish the geographical origin of a given product.
Both set of names can acquire a high reputation and commercial value and may also be exposed to misappropriation, counterfeiting or misuse. So are the two categories similar? Or are there differences between the two that have resulted in such demarcation?
Yes! There are differences between trademarks and geographical indications. And to understand that we have to first look at what exactly do these terms mean.
Trade mark is defined conventionally as a distinctive sign of some kind, whether that sign comprises a name, word, phrase, logo, symbol, design, picture, styling or a combination of one or more of these elements. A trademark is used by a business to identify itself and its products or services to consumers, and to set itself and its products or services apart from other businesses.
The essential function of a trademark is to uniquely identify the commercial source or origin of products or services, such that a trademark, properly called, is used to 'indicate source' or act as a 'badge of origin'. The use of a trademark in this way is known as 'trademark use' and a trademark owner seeks to enforce its rights or interests in a trademark by preventing unauthorized trademark use.
Though the term Geographical indication has been defined by many in many ways , section 22(1) of the TRIPS defines Geographical Indications as:
"... indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."
However definitions can be deceptive and are often used interchangeably. There are trademarks that use the name of a particular geographical place to make the name sound fanciful and more alluring that adds to the name, more grandeur.
The main difference between a trademark and a geographical indication is as follows:
1. Trademark is a sign that a business concern (whether physical or moral person) uses to distinguish its own goods or services from those of competitors and GIs is an indicator that certain products have a regional origin, which is certain. A geographical indication tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. All producers who make their products in the place designated by a geographical indication and whose products share typical qualities may use it. Unauthorized parties may not use protected geographical indications that are likely to mislead the public as to the true origin of the product.
2. The concept of geographical indication also encompasses "appellations of origin" used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced. In contrast, trademarks are often distinguished as being used by an enterprise to distinguish its goods and services from those of other enterprises. A GI is a kind of "collective mark" of the farmers and craftsmen of a region. Unlike a GI, a trademark can be sold and de-localized
3. A trademark is an individual right, while a GI is accessible to any producer of the locality or region concerned. All the producers in that region are allowed to use the geographical indication. For instance, "Mountain" can be used by all honey farmers in the Cameroon Mountain area but if any of the producers has registered the trademark "XTRA" for its honey, only that producer can call its produce "XTRA" Mountain Honey.