Question

Relation between trademark and geographical indication

Answer 1

Champagne, Puma, Darjeeling Tea and Ford are known all over the world. A common man would recognize the given names as famous brands. On looking closely it can be realized that the above mentioned names do not belong to the same category.

Champagne and Darjeeling Tea can be categorized under Geographical Indicators, while Puma and Ford are Trademarks. There has always been confusion in the minds of people when it has come down to Trademarks and GIs. To a common man, a trademark and a GI are the identity of the good.

But where does the difference lie?

In order to explain this better, it is best to define a trademark as well as a GI.

Section 2(1)(e) of the  Geographical Indications of Goods (Registration and Protection) Act, 1999 states that:

“geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

Trade mark is defined under Section 2(i) (zb) of the Indian Trademarks Act 1999 as “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors.”

Answer 2

its correct.
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