Trademark and Geographical Indication

Difference between Trademark and Geographical Indication

Geographical Indication (GI) applications are accessible to any business, group, or individual that interacts directly with primary producers. The Controller of General Patents, Designs, and Trademarks enforces the GI Act. A Geographical Indication is a product or service that has a considerable advantage over identical products from other locations due to its origin, according to TRIPS. Registrants can become authorized dealers after 10 years. The application requires a case statement, GI-I, and affidavit.

Key Features of Geographical Indications

  • A geographical indicator tag ensures that the well-known product name may only be used by those who have been registered as approved users.
  • Geographical indication protection is provided to agricultural products, natural commodities, handicrafts, food items, wines, spirits, and other objects.
  • A geographical indicator pertaining to one nation might be protected in another. For example, Cognac (a French GI tag) is recognized and protected in the United States.
  • The link between geographical indication and protection of traditional knowledge is particularly important, as it is used to savor and safeguard the distinctive, famous, and traditional goods of a given geographical location.
  • The geographical indicator protection is limited to the traditional communities of the specific geographical area. This prevents traditional knowledge bearers from passing it on to non-locals.
  • Having a geographical indicator allows authorized users to prevent other parties from selling items with the GI label but not meeting the standards or producing in the defined geographical area. 
  • Where the Mysore silk designation is protected by the Geographical designation Act. Producers of Mysore silk may ban the use of the term “Mysore” for tea that is not grown on their estates or processed in accordance with the conditions established in the code of practice for the geographical indication.

What is a Trademark?

A trademark is secured to signify that a company’s product distinguishes from that of other companies. A trademark is a sign, phrase, logo, or combination of characters and numbers that represents a product’s or organization’s originality. Form 48, fully signed, Incorporation or Partnership Deed, Logo copy, address proof, Udyog Aadhar Registration Certificate, and other papers are necessary for online trademark registration.

What is the difference between Trademark and Geographical Indication?

Geographical indicators are used to represent a product’s geographical origin, whereas trademarks show its commercial origin. While both are intellectual property instruments, the former broadly defines the genesis and characteristics of a product category, while the latter defines its commercial history.

Mysore Silk is an example of a geographical indicator. Producers can register their trademarks under this product category.

Difference Between Trademark and Geographical Indication.

Geographical Indication Trademarks
Purpose of GI Tag

IP tool for indicating the provenance of items.

Purpose of Trademarks

IP tools are used to demonstrate the uniqueness of a brand’s products or services, or both.

GI Tag Rights

A GI tag does not grant a corporation exclusive usage rights.

Trademark Rights

A registered trademark offers the owner exclusive rights.

What Can Get A GI Tag?

Wines, tea, coffee, silk, cotton, rice, and more products have GI labels.

What Can Be Trademarked?

Trademarks are issued for brand logos, slogans, business names, and other such items.

Geographical indicators are assigned to a group of manufacturers or localities. Brand and company owners are granted trademarks.
Ownership of GI Tag

When a group of people obtain a GI tag, they become authorized users of the GI tag rather than its owner. Other manufacturers in the same area may also be assigned the same tag.

Ownership of Trademarks

The person who obtains a trademark becomes its owner, with rights to its use and transfer. Except in a few cases, no one else may use the trademark. If someone violates the plaintiff’s trademark rights, they face criminal charges.

Geographical indicator tags can be either names or symbols from a particular place. Word Symbol Letter Smell Sound Device are examples of trademarks.
Who Can Apply for a GI tag?

A person, producer, or authority established by or under the legislation may apply for the registration of a Geographical Indication for their product if the Applicant represents the interests of producers.  The application is filed in the appropriate form (GI-1A to ID) and includes all required information.

Who Can Apply For a Trademark?

A business owner or someone that has a distinct logo/symbol/icon that separates their brand from others.

GI Tag Fee in India

The general fee is 5000, however you may be required to pay more if you receive a time extension, a notice of objection, or other services.

Trademark Registration Fee in India

MSMEs/Startups/Individuals: INR 5000 for physical filing and INR 4500 for electronic filing

Companies: INR 10,000 for physical filing and INR 9,000 for electronic filing.

Conclusion:

The only thing that a geographical indicator and a trademark have in common is that they both act as source indications. The key difference is that, although a trademark identifies a product or service as coming from a certain manufacturer, a geographical indicator shows the geographical place from where the product originates, rather than the creator of the object in question. Both kinds of intelligence. To the average individual, both trademarks and geographical markers resemble the identity of the items. Champagne, Puma, Darjeeling Tea, and Ford are all well-known worldwide brands that may look identical to the average individual. This essay will explain what geographical induction is and the distinctions between trademarks and geographical induction. Contact us for more information and service support.

 

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