GEOGRAPHICAL INDICATION VS. TRADEMARK

INTRODUCTION

Geographical Indication is any sign or symbol that identifies a product as emanating from any specific region or location of a country that provides the products its known quality, name, or characteristics that are primarily because of that region or neighborhood[1]. A Trademark on the other hand is any name, symbol, figure, letter, word, or mark adopted and employed by a manufacturer to designate his or her merchandise and to differentiate them from those made or sold-out by others[2].

Brands or products such as Bata, Bajaj, Kancheepuram Silk Saree, and Alphonso Mango are pretty well known to a common man in our country, however, the major difference between these brand names and products are that Bata and Bajaj are trademarks whereas Kancheepuram Silk Saree and Alphonso Mango are Geographical Indications. This article further discusses the major differences between Trademark and Geographical Indications.

TRADEMARK

"A trademark is characterized as an imprint, which can be addressed graphically and can recognize the products or administrations of one individual from those of others."[3]

GEOGRAPHICAL INDICATION

"A geological sign alludes to a sign fit for recognizing merchandise, including regular products, rural products, or made merchandise, as made or beginning in a nation's region, or an area or district inside that region, where a particular quality, notoriety, or some other trait of such great is especially a trademark to its topographical source. On account of fabricated merchandise, one of the exercises compared to the handling, creation, or arrangement of products, should occur in the domain, area, or region."[4]

GEOGRAPHICAL INDICATIONS VS. TRADEMARK

Points that differentiate the two from each other are:

1. Trademark may be a sign, name, or identity of a business that's accustomed differentiates the products or services of 1 entity from that of another. An automotive continues to be automotive, however, may be distinguished on the premise of the manufacturer’s trademark. As an example, the BMW and Audi are the logos of the individual automotive makers.

Whereas in terms of a Geographical Indication, the name signifies the place of origin of sensible|the great|the nice} and any manufacturer therein geographical location will use the GI for the precise good. E.g. Darjeeling tea, cheese, Tirupati Laddu. Etc.

2. A Geographical Indication is largely collective protection given to a bunch of makers’ happiness to the precise location, wherever the great has initially originated.

On the contrary, a Trademark is registered by one entity (individual or group of individuals/body corporate).

3. Only the proprietor will use a trademark registered in his/her name and address, each manufacturer or producer within the same region is allowed to use an identical geographical indication.
4. A trademark may be a letter, a word, numerals, or just variety, or a mix of letters and numbers, associate abbreviation, a name, a device, a hologram, a sound, or a smell however, a geographical indication will solely be a reputation or a logo associated with places.
5. A trademark is developed by human power. it's the human power or intellect that determines the distinctiveness or the distinctiveness of a trademark. A trademark may be Suggestive, descriptive, or capricious.

On the contrary, a Geographical Indication identifies the merchandise on basis of its place of origin. Factors like the topography, human work, climate, etc of a particular geographical location determine the character of the Geographical Indication.

6. Logos are ruled by the Indian logos Act 1999, whereas the Geographical Indications are ruled by the Geographical Indications of products (Registration and Protection) Act 1999.

WHAT IS TRADEMARK? WHY TRADEMARKS ARE IMPORTANT TO YOUR BUSINESS? TO KNOW MORE, VISIT -

EXAMPLES OF GEOGRAPHICAL INDICATIONS

India’s most famous Geographical Indication is Darjeeling Tea which also became the first GI tagged product in India. Other examples include the following[5] –

• Banarasi Silks
• Pashmina Shawls
• Kashmir Carpets
• Basmati Rice
• Assam Tea
• Bengal Cotton

EXAMPLES OF TRADEMARK

On August 30^th, 1870 under the Trademark Act of 1870, A design mark by Averill Chemical Paint Company was first registered Trademark in India. Other examples include[6] –

• Nirma
• Nivea
• Telco
• Toshiba
• Amul
• Mother Dairy

The only similarity between a GI and a trademark is that they each perform as supply indicators. However, the key distinction once more lies within the proven fact that while a trademark identifies a decent or service as originating from a specific producer, a geographical indication identifies not the producer of the great involved, however the countryside from wherever the merchandise originates. But then, each type of belongings also are a tool used for distinguishing a product or sensible. thus people tend to use the name of a place as a trademark.

BY- RISHIKA KAPOOR