Hello.

Geographic indication refers to a mark that proves that a product originates from a certain member state or a certain region or a certain place within the region. A geographical indication is an indication of the origin of a particular product where certain specific qualities, reputation or other characteristics of the product are intrinsically attributable to that geographical origin. It can be the name of a country, the name of an administrative division and the name of a region or region that will not cause misunderstanding. If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to use the certification mark, and the organization that controls the certification mark shall allow it.

The basic characteristics of geographical indication certification trademarks are:

1. Indicates the true source of the goods or services (i.e. the geographical location of the origin);

2. The goods or services have unique quality, reputation or other characteristics;

3. This quality or characteristic is essentially attributable to its particular geographical origin.

From the above definition, it is not difficult to see that the geographical indications that the TRIPS Agreement requires member states to protect are actually more special geographical indications, which are closer to the names of origins.

2. Geographical indications and place name trademarks are closely related but also fundamentally different.

First of all, from the perspective of legal nature, geographical indications and geographical names and trademarks are both intangible assets and have the nature of property rights. Both of them distinguish different producers of products through specific marks. They are essentially the same in law. , all have the function of identifying the source of goods or services.

Secondly, judging from the appearance expressions of geographical indications and place name trademarks, although geographical indications also involve the description of place names, they are different from general place name trademarks in that geographical indications are generally linked by a place name and a certain commodity. It is a combination of geographical names and trade names, such as West Lake Longjing tea, Jingdezhen porcelain, etc.; while place name trademarks directly identify the source of goods or services and indicate the quality of goods or services through geographical characters.

Furthermore, geographical indications are different from place name trademarks. my country’s trademark law adopts a dual protection model for geographical indications, that is, geographical indications are included in the protection scope of certification trademarks and collective trademarks. At the same time, under the same geographical indication, Enterprises can still apply for their own registered trademarks for products. This dual protection model is obviously more conducive to rights holders safeguarding their legitimate rights and interests.

As an exception, due to the significant economic value of wine and spirits, the Trips Agreement provides special protection for the origin names of wine and spirits, that is, it is absolutely prohibited to register such place names as trademarks. There is no such provision in my country's Trademark Law.

Hope it helps you and hope you will adopt it