Differences Between Trademarks and geographical indications

Legal Definition

The definition for a GI is found in The Geographical Indications of Goods (Registration and Protection) Act, 1999, under Section 2(1)(e):

‘Geographical indication’, is an indication that such commodities  like agricultural, natural, or produced are arising or manufactured, in the territory of a country, or a area or nighborhood within that territory, where a given quality, honour, or other exclusive  of such goods is actually  attributable to its geographical area.

On other hand, under the Section 2(i) (zb) of the Indian Trademarks Act 1999, ‘A mark adebt of being characterized graphically and capable of differentiate the goods or benefit of one people  from those of others, and may combine  shape of goods, their gather, and consolidation of paint’. It also allow comfort to consumer about the reliability of the product.
 

Most generally ,a geographical indication carry the name of the place of  beginning of the goods. Once the geographical indication protection is permited , no other manufacturer can misuse the name to market related products.

So, it may be said from both the definitions that the territorial or geographical company of a GI is developing in situation to the region of its indigenous area, while the same is not indication in case of  a trademark.

Key differences : Trademark and Geographical Indication

1. A trademark is a emblem, name, or character of a firm that is used to differentiate one entity’s goods or duty from those of other side.

A car is still an convertible, but the producer trademark approve it to be discriminated BMW and Audi, for example, are the trademarks of the correspondings  automobile producer In the case of a GI, the name betoken the product’s area of connection and any manufacturer in that geographic area can use the GI for that brand.

2. A geographical indication (GI) is approximately a collective security  equipped to a group of manufacturer from a described area  where the material was initially constitute.  A trademark, on the other hand, can be enrolled by a single people  or a association , both.

3. While a trademark thoroughbread in a individua’s lname and location  may only be used by that people or producer every constructor or maker in the same territory is approved to use the same GI.

4. A trademark can be a note, a word, digits, or a sequence of humor and statistic, as well as an abridgement, name, tool, hologrraphy, blare, or aroma. A GI, on the other hand, can only be a name or a emblem linked  with a position

5. A Trademark is accessible for both goods and benefit whereas GI is meant only for goods uncommon to a geographical area.

6. The distinctiveness or uniqueness of a trademark is resolute by human ability or genius. It is disirable for a trademark to be symptomatic, illuminating , or discretionary. A GI is a code that classify a amount based on its ancestry. The nature of the GI is resolute by aspect like geography, human labor, and the environment of a assured geographical area.

7. GI is a right admired by a community / association of producers (association  right). For instance, Assam Muga Silk has GI consulting rights to all such traders from that association. Trademark is a right bought by only one people/company (separate right).

8. The Indian Trademarks Act 1999 control trademarks, whereas the Geographical Indications of Goods (Registration and Protection) Act 1999 governs GIs.

Geographical Indications are identical  to trademarks in that they function as expect  indicators. However, the key difference lies in the fact that while a trademark analyses a good or service as starting from a appropriate  producer, a geographical indication classify not the manufacturer of the good concerned, but the geographical area  from where the product found.

But even then the overlay between the two can take position in many cases. So who will repudiated the other. Which of the two will take antecedence if there happens to be some distraction To give one absolute rights over the other will not be fair play . So a need ensue to classify the two and treat them independently in law so that one does not intrude upon the other.

It thus came up with the following clarification: Trademarks are secured against any confusingly similar sign for similar or identical goods or services. Trademarks are secured against likelihood of doubt .

This is due to the evidence that trademarks still serve in the first place as an identifier of the producer  of a certain product. If the use of a related sign gives rise to a likelihood of confusion as to the manufacturer of the product, the trademark holder may enjoin such use.

Geographical indications for goods other than wine and spirits are secure against use of the designations which misleads the public as to the geographical origin of the good. This is an important difference.

The registration and the use of a trademark on grounds of a conflicting geographical indication secure for products other than wine and spirits, cannot be enjoined on argument of a likelihood of doubt or risk of defraud between the trademark and the geographical indication.

In order to denied a trademark application or invalidate a registered trademark, it must be proved that the consumers are actually misled as to the geographical area of the product at issue.

Conclusion:

The most common thing that a GI and a trademark have in common  is that they both obey as source indications. The main divergence is that, whereas a trademark analyzes a thing or  favour as coming from a beyond doubt manufacturer, a geographical indicator indicates the geographical area from which the consequence comes, not the maker of the good in question. Both types of intellectual property are used to recognize a product or service.

written by:

Tanu Priya.