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Differences and Relations between Geographical Indications and Trademarks
Geographical indications and trademarks are both marked rights, and there are many similarities. There are still many differences between the two, and we can distinguish them by grasping the elements of objectivity, public and private, and time. Geographical indications, also known as the name of origin, are the geographical names of a country, region or place. The origin mark, also known as the source mark or origin name, consists of names, signs or symbols to indicate that a commodity originated from a specific country, region or place. Although both the mark of origin and geographical indications have the function of indicating the source of the marked goods, the mark of origin only indicates the place where the goods were manufactured. The differences between geographical indications and trademarks are as follows:

(1) Geographical indications are used to distinguish similar products 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 are transferable, but geographical indications are not.

(3) Objectivity is different: geographical indications are the accumulation of thousands of years of history and exist objectively, while trademarks are the result of subjective efforts of individuals or a few people.

(4) Geographical indications are not limited by time, while trademarks are limited by time.

(5) the degree of quality connection is different: geographical environment and human factors completely or basically determine the quality characteristics of geographical indication products, while trademarks generally have little to do with quality.

(6) Geographical indications are public rights and trademarks are private rights.

you can distinguish geographical indications from trademarks through the above six points.

* * Similarities between geographical indications and trademarks

(1) Geographical indications and trademarks are both marks, which identify the marks of similar trademarks or service sources through words, graphics or their combinations.

(2) both geographical indications and trademarks have the function of identifying commodities or sources. For example, Fengjie Navel Orange, as a geographical indication product, can enable us to confirm that the origin of Navel Orange is fengjie county.

(3) both geographical indications and trademarks have advertising functions. Geographical indications are linked with the characteristics such as the quality of specific products, which will inevitably produce good advertising functions. For example, "Jinhua Ham" is considered to be the top three famous brands of ham in the world, so consumers will give priority to Jinhua Ham when choosing to buy smoked products such as ham.

(4) Geographical indications and trademarks also have the function of indicating that goods with the same sign have the same or similar standards and quality.

Legal basis:

General Principles of the Civil Law

Article 96

Legal persons, individual industrial and commercial households and individual partnerships are protected by law.