Question 1: What is the difference between geographical indications and trademarks? 1. Geographical indications are used to distinguish similar products from a certain place of origin from other places, while trademarks are closely related to producers: similar products produced by different producers in the same place can only be distinguished by trademarks. 2. Trademarks can be transferred, but geographical indications cannot. 3. Different objectivity: Geographical indications are the accumulation of thousands of years of history and exist objectively, while trademarks are the result of the subjective efforts of an individual or a small number of people. 4. Geographical indications are not limited by time, but trademarks are time limited. 5. The degree of quality connection expressed is different: the geographical environment and humanistic factors completely or basically determine the quality characteristics of geographical indication products, while trademarks generally have little to do with quality. 6. Geographical indications belong to public rights, while trademarks belong to private rights.

Question 2: The difference between geographical indication trademarks and geographical indication product protection 15 points 1. Similarities between geographical indications and names of origin

Geographical indications and names of origin belong to the same concept Yes, all appellations of origin are geographical indications, but some geographical indications are not appellations of origin.

Origin certification marks are a type of certification mark that incorporates geographical indications and names of origin into the certification mark system and are protected under the Trademark Law, namely: origin certification marks and quality certification marks. As one of the categories, registering a certificate of origin trademark is an effective way to protect the name of origin. It can be the name of an administrative division at or above the county level. It does not violate the prohibition provisions of the Trademark Law. Theoretically, it is believed that the name will be used in the "Second meaning" arose, that is, people associate not only a place but the specific commodities produced in that place by place names, such as Fuling (mustard), Pixian (douban), etc. The certification mark of origin emphasizes the specific (geographical and cultural) environment of the region and the essential impact of this environment on the quality characteristics of the goods.

In the TRIPS Agreement, names of origin are replaced by geographical indications. Article 22 of Section 3 of the Agreement stipulates: “Geographical indications refer to certification that a product originates from a certain member country or a certain region. or an indication of a place within the region. Certain specific qualities, reputation or other characteristics of the product are essentially attributable to that geographical origin.” Compare the TRIPS Agreement’s definition of geographical indications with that of the Paris Convention and the Lisbon Agreement. Comparing the definitions of names of origin, it can be clearly seen that the TRIPS Agreement defines geographical indications on the basis of names of origin, and the two have the same connotation.

The characteristics, functions and effects of geographical indications and regional origin products (marks) are the same. First of all, the characteristics of geographical indications and regional origin products (marks) indicate a certain region where the goods (products) come from, and they are essentially regional indications. Secondly, the functions of geographical indications and products of origin (marks) are to indicate the specific quality, reputation or other characteristics of the product, and are mainly determined by the natural factors or human factors (attributes) of the region. They are both commodities (products). quality mark. Third, whether it is a geographical indication or a product of origin (mark), its function is to distinguish the source of goods (products) in order to implement special protection for products from a specific region. The purpose is to ensure the specific quality of these goods or products and promote and develop them. Traditional characteristic industries and protecting the legitimate interests of operators, although the names are inconsistent, their connotation and essence are the same. Geographical indication protection and product of origin protection both protect products of specific quality produced in specific regions.

.2. The difference between geographical indications and names of origin

“Internationally, only well-known trademarks and certification marks can receive special protection.” my country’s Trademark Law has been in line with In line with WTO rules, certification trademarks have become a passport and talisman for specialty agricultural products and handicrafts to go global.

(1) The legal effects are different. The protection basis for geographical indication certification trademarks is mainly the "Trademark Law of the People's Republic of China"; the protection of origin product names is based on the "Regulations on the Protection of Origin Products" of the General Administration of Quality Supervision, Inspection and Quarantine. This provision is a departmental regulation. Therefore, the legal effects produced by the two are not the same.

(2) The applicants are different. The applicants for certification trademarks refer to domestic legal persons and institutions that comply with relevant regulations, as well as foreigners or foreign enterprises.

According to the "Regulations on the Protection of Products from Regions of Origin", the applicant for the protection of product names in regions of origin is the local quality supervision department, industry authorities, industry associations and producer representatives to establish product protection declaration agencies in regions of origin (referred to as "declaration agencies"). ”), is a relatively pure management organization. Therefore, the subject of certification trademarks is "market-oriented", which can better reflect my country's integration with international standards in the field of intellectual property, embody the "principle of reciprocity", and adapt to the needs of the market economy.

(3) Law enforcement agencies are different. According to the provisions of the Trademark Law, the law enforcement agencies that certify trademarks are the industrial and commercial administration agencies at all levels. The law enforcement agencies for origin protection are technical supervision departments at all levels.

(4) The logo forms are different. A "certification mark" is a sign like an ordinary trademark. Different certification marks have different graphic and textual characteristics and do not have a fixed and unified mark. However, "products of origin" have a fixed and unified mark. To achieve public identification, all products of origin must use the "region of origin product mark" determined by the National Quality Supervision and Inspection Bureau to ensure that all products are consistent.

(5) The scope of protected areas is different. At present, among the more than 100 countries that have joined the WTO, more than 20 countries, except France, have implemented separate names of regions of origin...>>

Question 3: What are the requirements for applying for geographical indication trademarks? Which materials are entrusted to a trademark agency, a "Trademark Agency Power of Attorney" should also be attached. 2. A copy of the applicant’s qualification certificate (the official seal of the applicant must be affixed). The applicant for geographical indication registration can be a corporate legal person, or a scientific research and technology promotion institution, quality inspection institution or production and marketing service that has obtained a corporate legal person certificate or business license. Institutions etc. When applying for a geographical indication collective trademark, a list of collective members should be attached. When a foreigner or foreign enterprise applies for registration of a geographical indication collective trademark or certification mark, he or she must provide proof that the geographical indication is protected by law in its name in its country of origin. 3. Documents authorizing the applicant to apply for registration and supervise and manage the geographical indication from the people's government of the area marked by the geographical indication or the competent industry department. 4. Documents proving the objective existence and credibility of the geographical indication product (including county records, agricultural records, product records, etc.) and stamped with the official seal of the department that issued the certification materials. 5. Relevant documents and materials related to the division of geographical scope indicated by geographical indications. Relevant documents include: the geographical scope stated in county records, agricultural records, and product records, or geographical scope certification documents issued by the competent authorities at or above the provincial level. 6. Rules for the use and management of geographical indication certification trademarks and collective trademarks 7. Explanation that the specific quality of geographical indication products is determined by specific regional environment or humanistic factors. 8. Proof that the geographical indication applicant has the ability to supervise and test the geographical indication. If the applicant has the ability to inspect and test the geographical indication, the applicant needs to submit a list of inspection equipment and a list of inspection personnel, and affix the official seal of the applicant. If the applicant entrusts others to conduct inspection and testing, the applicant shall attach the original copy of the entrusted inspection and testing contract signed by the applicant and an institution with inspection and testing qualifications, and submit a copy of the qualification certificate of the inspection and testing institution, a list of inspection equipment, and a list of inspection personnel, stamped Its official seal.

Question 4: How to apply for a geographical indication trademark? Find an agency and prepare the following materials:

1. A trademark registration application stamped with the official seal of the applicant.

2. Documents and copies proving the qualifications of the trademark applicant, or a valid copy stamped with the applicant's seal, and a detailed description of the professional and technical personnel it has or the organization it entrusts has , professional testing equipment, etc. to show that it has the ability to supervise the quality of the specific goods certified by the certification mark.

3. If a geographical indication is registered as a certification mark, the following content should be stated in the application:

(1) The specific quality and reputation of the goods marked by the geographical indication or other characteristics;

(2) The relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors of the area marked by the geographical indication;

(3 ) the scope of the area marked by the geographical indication.

4. Management rules for the use of certification trademarks.

5. 6 trademark drawings (one should be attached to the back of the application form, and 5 should be submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm.

If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.

6. If you go directly to the trademark registration hall to apply for registration, you must submit a copy of the person's ID card and present the original; if you entrust a trademark agency to handle the registration application, you must submit a trademark agency power of attorney.

7. If the certification mark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

Question 5: What is the difference between geographical indication products and geographical indication trademarks? One is a product, a real thing; the other is a trademark, which is generally just a sign. Logo is two completely different categories.

The only connection is that geographical indication products are generally certified by geographical indication trademarks.

Question 6: What is the difference between geographical indications and trademarks? 1. Geographical indications are used to distinguish similar products from a certain place of origin from other places, while trademarks are closely related to producers: different production in the same place Similar products produced by the same manufacturer can only be distinguished by trademarks. 2. Trademarks can be transferred, but geographical indications cannot. 3. Different objectivity: Geographical indications are the accumulation of thousands of years of history and exist objectively, while trademarks are the result of the subjective efforts of an individual or a small number of people. 4. Geographical indications are not limited by time, but trademarks are time limited. 5. The degree of quality connection expressed is different: the geographical environment and humanistic factors completely or basically determine the quality characteristics of geographical indication products, while trademarks generally have little to do with quality. 6. Geographical indications belong to public rights, while trademarks belong to private rights.

Question 7: What is the difference between geographical indication certification mark and certification mark? Hello, I hope my answer will be helpful to you!

To be precise, geographical indications are a type of certification mark. Geographical indications are used to prove the origin of goods, and certification marks have a wider scope. For example, they can prove that a certain product is genuine leather, or Pure wool, etc. There are also many certification marks of this type, or there are certifications that a certain service belongs to which association provides it.

Question 8: What is the difference between a national geographical indication trademark and a trademark? This is really hard to answer! It is recommended to check on professional websites or relevant national departments

Generally speaking, national geographical indications are widely recognized, especially those recognized by *** departments! The geographical indications of agricultural products are even more unique! Maybe it's local!

Question 9: What is a geographical indication certification mark? 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.

Question 10: What is the difference between place of origin and geographical indication trademark? Geographical indication, also called name of origin, is the geographical name of a country, region or place.

Origin mark, also known as source mark or origin name, consists of a name, logo or symbol, and is used to indicate that a product originates from a specific country, region or specific place.

Although both origin markings and geographical indications have the function of indicating the source of the marked goods, origin markings only indicate the place where the goods are manufactured.

The difference between geographical indications and trademarks is:

1. A trademark identifies the same kind of goods or services of one operator that is different from any other operator; while a geographical indication identifies It is the same commodity produced in a specific region that is different from any other region.

2. Generally speaking, trademarks can only be used exclusively by specific operators, while geographical indications can be used by all operators that produce the same kind of goods with the same characteristics within a specific geographical area** *Use the same.