To a common man trademark and geographical indicators are both resemblances of the identity of the goods. Champagne, Puma, Darjeeling Tea, and Ford are all well-known brands globally and to an average person, they might appear similar. This article is intended to shed some light on the scope and differences between trademarks and GIs.
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 goods like agricultural, natural, or manufactured are originating, or manufactured, in the territory of a country, or a region or locality within that territory, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin.
Using the free trademark search engine provided by Vakilsearch, you can determine whether a trademark is accessible before beginning the registration process.
On other hand, according to Section 2(i) (zb) of the Indian Trademarks Act 1999, ‘A mark capable of being represented graphically and 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’.
So, it may be said from both the definitions that the territorial or geographical connotation of a GI is stronger in context to the place of its indigenous origin, while the same is not significant in case of a trademark.
Key differences : Trademark and Geographical Indication
1. A trademark is a symbol, name, or identity of a firm that is used to distinguish one entity’s goods or services from those of another. A car is still an automobile, but the manufacturer’s trademark allows it to be differentiated. BMW and Audi, for example, are the trademarks of the respective automobile manufacturers. In the case of a GI, the name denotes the product’s place of origin, and any producer in that geographic region can use the GI for that product.
2. A geographical indication (GI) is essentially a collective protection provided to a group of producers from a specified place where the commodity was initially created. A trademark, on the other hand, can be registered by a single person or a company, both.
3. While Register Trademark in a person’s name and address may only be used by that person or manufacturer, every manufacturer or producer in the same territory is permitted to use the same GI.
4. A trademark can be a letter, a word, digits, or a combination of characters and numbers, as well as an abbreviation, name, gadget, hologram, sound, or odor. A GI, on the other hand, can only be a name or a symbol associated with a location.
5. A Trademark is available for both goods and services whereas GI is meant only for goods unique to a geographical region.
6. The individuality or uniqueness of a trademark is determined by human ingenuity or intellect. It is possible for a trademark to be suggestive, descriptive, or arbitrary. A GI is a code that identifies a product based on its origin. The nature of the GI is determined by factors like geography, human labor, and the environment of a certain geographical place.
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7. GI is a right enjoyed by a community / association of producers (community right). For instance, Assam Muga Silk has GI conferring rights to all such traders from that community. Trademark is a right enjoyed by only one person/company (individual right).
8. The Indian Trademarks Act 1999 governs trademarks, whereas the Geographical Indications of Goods (Registration and Protection) Act 1999 governs GIs.
Conclusion:
The only thing that a GI and a trademark have in common is that they both serve as source indications. The main distinction is that, whereas a trademark identifies a thing or service as coming from a certain manufacturer, a geographical indicator indicates the geographical location from which the product comes, not the creator of the good in question. Both types of intellectual property are used to identify a product or service.
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