A geographical indication trademark is a sign that indicates that a product originates from a certain region, and that the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region.
Applying for a geographical indication certification trademark is a common practice internationally to protect specialty products. By applying for a geographical indication certification trademark, we can rationally and fully utilize and preserve natural resources, human resources and geographical heritage, effectively protect high-quality specialty products and promote the development of specialty industries.
Article 16 of the "Trademark Law" stipulates that if a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark and misleads the public, it shall not be registered and its use shall be prohibited; however, , the registration has been obtained in good faith and continues to be valid.
The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or human factors of the region.
Extended information:
To use geographical indications on goods, the following conditions must be met:
1. Geographical indications are geographical names that actually exist, not fabrications. A fictitious place name;
2. The user of a geographical indication is a producer or operator who utilizes the same natural conditions and adopts the same traditional techniques in the place of origin;
3. The geographical indication is The attached products are well-known local specialties and are known to the public in a wide geographical area beyond the place of origin.
Geographical indication rights are not exclusive to individuals. Geographical indications are not exclusive patent rights enjoyed by a certain operator to which they belong, but are registered and managed by the representative offices of operators in a certain region.
All operators in the area who meet the conditions can use it, but individuals are not allowed to register it alone. If it is registered exclusively as a trademark, it will inevitably deprive other operators in the area of ??the right to use it.
Geographical indication rights are not temporal. There is no limit on the protection period of geographical indication rights and it is a permanent property right. Geographical indication rights are not transferable.
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