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. 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.
The general form of a geographical indication certification trademark is "place name + product name", which belongs to all local producers and operators. In addition, the registrant of a geographical indication does not obtain a word trademark in the form of "place name + product name" The exclusive right is the exclusive right of the special identification of geographical indications.
From the previous article, it seems that we have noticed that there are some differences between geographical indication certification trademarks and general trademarks:
①Different meanings
General When applying for registration of a trademark, or when creating it, it is mainly determined based on the business philosophy of the company and the goods and services of the company. Different categories of approved uses will also have different meanings;
Geographic indications The products that certify the trademark are the essence of the region and are the best combination of harmony and unity with the natural environment that the local people have found after hundreds or even thousands of years of exploration. Therefore, it not only refers to specific specialty products, but also represents the special natural environment, ecological construction, cultural traditions and production methods that produce specialty products. The multi-inclusive meaning has a wider range.
②Different applicants
The main subjects of trademark registrants are natural persons, legal persons or other organizations. Natural persons refer to individuals with civil rights and capacity for civil conduct, including Chinese and foreign nationals. persons and stateless persons;
The applicant for geographical indication protection should be able to represent the interests of the entire geographical indication industry, such as industry associations or similar entities, and should not be applied by a certain natural person or enterprise.
③The constituent elements are different
The constituent elements of a general trademark are mainly composed of the constituent elements stipulated by law, and the logo only needs to be identifiable;
The geographical indications The constituent elements mainly include the following conditions:
The logo of the geographical indication is identifiable and has a high reputation; the goods under it have certain quality characteristics and a clear range of origin; in addition, the geographical indication The characteristics of the labeled products are causally related to the natural factors and human factors of the place of origin.
④Different scopes of origin
There is no restriction on the scope of origin of goods marked with trademarks; goods marked with geographical indications can only be produced in specific natural areas. Therefore, when applying for geographical indications, , during the review process, it is required to clearly delineate the origin range of the geographical indication.
⑤Different protection periods
The validity period of a registered trademark is ten years, but it can be renewed during this period and the validity period of the trademark can be extended indefinitely; geographical indications will develop over a long period of time. Its natural existence also has a longer lifespan with the general trademarked goods and the companies that manufacture the goods.
Although there are differences in some aspects between geographical indication certification trademarks and general trademarks, geographical indication certification trademarks have stronger regional characteristics and have certain particularities. However, ordinary enterprises or individuals do not apply for trademarks before applying for trademarks. Just choose a normal trademark to apply for registration.