Legal subjectivity:
The difference between geographical indications and trademarks 1. The composition of geographical indications and trademarks is different. The constituent element of geographical indications is narrative text, which directly describes the geographical name of the goods. Geographical origin implies the specific and excellent quality of the goods, and the components of trademarks are diverse, including words, letters, numbers, graphics, three-dimensional logos, and even color combinations, etc., mainly from the perspective of visual visibility For emphasis. The general requirement for the composition of a geographical indication is "geographical name + product name", and the composition is relatively simple. A geographical indication indicates “where” the product originates, while a trademark indicates “who” the product originates from. 2. The prerequisites for obtaining the rights of geographical indications and trademark registration are different. The acquisition of trademark rights is based on the registration of trademarks, and registered trademark rights arise from registration. The premise for obtaining protection of a geographical indication is that a specific product is already very famous, and its inherent unique quality, reputation and other characteristics are closely related to the specific region. Registration is only a further confirmation of the existing rights. Therefore, registration of geographical indications is not a prerequisite for the creation of rights, but a public declaration and confirmation of rights. 3. The protection period of geographical indications and trademarks are different. The validity period of a trademark is 10 years. To continue to protect the trademark, the right holder must renew it. Geographical indications are sustainable and not limited by time. For free trademark registration, you can find Company Bao, and no agency service fee is charged. 4. The quality of goods marked by geographical indications and trademarks is different. Trademarks first apply for approval and registration, and then accumulate product reputation to form intangible assets. However, geographical indications first accumulate many years of history, then apply for approval and registration, and are posthumously recognized as intellectual property rights. 5. The protection methods of geographical indications and trademarks are different. The current protection system of geographical indications is more based on the interests of the country and the public, so its protection method is "ban", that is, it is more based on anti-unfair competition laws, product The quality law and other economic laws regulate it, while the protection of trademarks is implemented in private law. The protection method is "parallel implementation and prohibition", that is, the trademark law is the core for protection, and it is supplemented by competition law, product quality and other economic laws. Protect.