TRADEMARK2U
 
EN  |  ID  |  中文

Geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.

Most comm only, a geographical indication includes the name of the place of origin of the goods.

Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil.

Geographical indications may be used for a wide variety of products, whether natural, agricultural or manufactured.

Duration Of Protection

A registered geographical indication is given ten years of protection from the date of filling and is renewable for every ten years.


The following persons shall be entitled to file an application for registration of a geographical indication:

  1. A person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application, and includes with respect to the such person.
  2. A competent authority; or
  3. A trade organization or association.

The use of geographical indications is not limited to agricultural products. They may also highlight qualities of a product which are due to human factors associated with the place of origin of the products, such as specific manufacturing skills and traditions.

That place of origin may be a village or town, a region or a country. For example, "Bohemia" is recognized as a geographical indication in many countries for specific products made in the Czech Republic, in particular crystal ware. graphic works, treatises, histories, biographies, essays, articles, encyclopaedias, dictionaries, letters, reports, lectures, addresses, sermons, tables or compilations and computer programs.

A geographical indication points to a specific place, or region of production, that determines the characteristic qualities of the product which originates from that place.

It is important that the product derives its qualities and reputation from that place. Since those qualities depend on the place of production, a specific connection exists between the products and their original place of production.

Geographical indications are understood by consumers to denote the origin and the quality of products. Many of them have acquired valuable reputations which, if not adequately protected, may be misrepresented by dishonest commercial operators. False use of geographical indications by unauthorized parties is detrimental to consumers and legitimate producers.

Consumers are deceived into believing that they are buying a genuine product with specific qualities and characteristics, when they are in fact getting an imitation. Legitimate producers are deprived of valuable business and the established reputation of their products is damaged.

A trademark is a sign used by an enterprise to distinguish its goods and services from those of other enterprises.

It gives its owner the right to exclude others from using the trademark.

A trademark will often consist of a fanciful or arbitrary name or device. 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.

It may be used by all producers who make their products in the place designated by a geographical indication and whose products share specified qualities.

  1. Use in the course of trade of any means in the designation or presentation of any goods that indicates or suggests, in a manner which misleads the public as to the geographical origin of the goods, that the goods in question originate in a geographical area other than the true place of origin.
  2. Use in the course of trade of a geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another country, territory, region or locality.
  3. Use in the course of trade of a geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate in another country, territory, region or locality.
  4. Use in the course of trade of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or a geographical indication identifying spirits for not originating in the place indicated by the geographical indication in question, even where the true origin of the wines or spirits is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style" or "imitation".
  5. The Court may grant an injunction to prevent any unlawful use of the geographical indication and award any damages and any other legal remedy or relief as it deems fit.