The difference between geographical indications and trademarks is 1, and the composition of geographical indications and trademarks is different. The constituent elements of geographical indications are narrative words, which directly explain the geographical origin of goods with geographical names, implying the specific and excellent quality of goods, while the constituent elements of trademarks are diversified, including the combination of words, letters, numbers, graphics, three-dimensional signs and even colors, mainly from the perspective of visual visibility. The composition of geographical indications generally requires "geographical name+commodity name", which is relatively simple. Geographical indications indicate where the goods come from, while trademarks indicate who the goods come from. 2. Geographical indications and trademarks have different preconditions for obtaining rights. The premise of obtaining trademark right is the registration of trademark, and the registered trademark right comes from registration. The prerequisite for the protection of geographical indications is the well-known specific commodities, whose inherent unique quality, reputation and other characteristics are closely related to this specific area. Registration is only a further confirmation of this right that already exists. Therefore, the registration of geographical indications is not a prerequisite for the emergence of rights, but a kind of publicity and confirmation of rights. 3. The term of protection of geographical indications and trademarks is different. The trademark is valid for 10 year. In order to keep the trademark protected, the obligee must renew the trademark. Geographical indications are sustainable and are not limited by time. Free trademark registration can be inquired in the company treasure, and no agency service fee is charged. 4. The quality of geographical indications and trademarks is different. The trademark first applies for approval and registration, and then accumulates the reputation of the goods, forming intangible assets. However, geographical indications accumulated for many years before applying for approval and registration are regarded as intellectual property rights. 5. The protection of geographical indications is different from that of trademarks. The current protection system of geographical indications is more based on the interests of the state and the public, so its protection mode is "prohibition", that is, it is more regulated by economic laws such as anti-unfair competition law and product quality law, while the protection of trademarks is private, and its protection mode is "parallel prohibition", that is, the trademark law is the core, supplemented by economic laws such as competition law and product quality law.
Legal objectivity:
the trademark law of the people's republic of china
essay
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
the trademark law of the people's republic of china
Article 16
If a trademark contains a geographical indication of a commodity, and the commodity does not come from the area marked by the indication, which misleads the public, it shall not be registered and its use shall be prohibited;
However, the registration in good faith continues to be effective.
The geographical indications mentioned in the preceding paragraph refer to the indication that a commodity originates from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region.
Regulations of People's Republic of China (PRC) Municipality on the Implementation of Trademark Law
Article 4
Geographical indications specified in Article 16 of the Trademark Law may apply for registration as certification trademarks or collective trademarks in accordance with the provisions of the Trademark Law and these Regulations.