(1) Overview At the European level, geographical indications can be protected in many ways. First of all, Article 64 of the European Regulations on Homologous Trademarks stipulates that geographical indications can be registered as homonymous collective trademarks (DecreeNo. 4/94). In addition, there are several decrees that make detailed provisions on the use of geographical indications for certain products. In addition to the regulations of the Council of the European Union on spirits and wine, there are also the so-called Characteristic Regulations. However, these detailed regulations only involve some aspects of the product; More importantly, regulation 281/92 on the protection of geographical indications and names of origin of agricultural products and food is more extensive. This regulation establishes the legal system for the protection of geographical indications and names of origin in Europe. According to Article 249, paragraph 2, of the Treaty on the European Community, this Regulation has wide applicability, is binding on the whole European Community and is directly applicable to all member states. (2) European Union Council Regulation 281/92, which applies to agricultural products and food for human consumption. It distinguishes names of origin from geographical indications. The name of origin refers to the name of a region, a special place or a country. It is used to show that an agricultural product or food originated from this region, place or country, and the quality and characteristics of this product depend essentially or completely on the unique geographical environment formed by natural and human factors in this region. The production, processing and preparation of this product are all done locally [Article 2, paragraph 2 (a)]. Geographical indications refer to the direct signs used to describe an agricultural product or food, which has special quality, reputation or characteristics because of its origin. In this case, it is sufficient as long as any process of production, processing or preparation of products is completed locally [Article 2, paragraph 2 (b)]. After the promulgation of this regulation, there are different views on the scope of the term "geographical indications". One view is that the "geographical indications" in the regulations only refer to those signs that have a causal relationship between the characteristics of products and their geographical sources; Another view is that the regulations are also applicable to general signs without the above causal relationship, so that the signs only indicate the geographical origin of products. At the same time, the European Court of Justice made a judicial interpretation of the regulation: general geographical indications do not fall within the scope of the regulation. Since the regulation clearly stipulates that the reputation of products should be based on their marks, according to the German understanding of the law, it requires that the marks must be quality marks. Therefore, on the one hand, ordinary geographical indications are not included in the regulations; On the other hand, the regulation does not stipulate that geographical origin must have a verifiable impact on products. On this basis, the protected (and registered) signs include "Lübecker Marzipan", "Nürnberger Lebkuchen" (Nuremberg honey preserved fruit cake, "Aachener Printen") and so on. In principle, the so-called "indirect signs" are not protected. According to Article 2, paragraph 3, of the Ordinance, if the marked product objectively does have quality characteristics rooted in its place of origin, such marks can only be protected as the name of the place of origin. In addition, pure "category marks" are not protected. Article 3 of the Ordinance defines "category mark" as follows, that is, the geographical name of agricultural products or food, although related to the place of origin or sale of the agricultural products or food, has become the common name of agricultural products or food. According to the provisions of Article 6, paragraphs 3 and 4, the registration of names in the register managed by the European Commission can be protected throughout Europe. Applications for registration of geographical indications shall be submitted to the competent authorities of each member state. According to the first paragraph of Article 13 of the German Trademark Law, the German Trademark Office in Munich accepts applications in Germany. However, the geographical indications applied for must be within the jurisdiction of the Council regulations. The application must clearly specify the type of agricultural products or food on which the mark for application for registration will be used (see Article 4 of the Regulations). Within six months after the application is published in the official journal of the European Union (Article 6, paragraphs 1 and 2 of the Regulation), any member state may object to this registration (Article 7, paragraph 1 of the Regulation). Natural persons or legal persons whose legal rights are affected can only raise objections to the relevant departments of member States; In Germany, it is still accepted by the Patent and Trademark Office (Paragraph 3 of Article 7 of the Regulation, Articles 132 and 135 of the German Trademark Law, Articles 6 and 61 of the European Regulations on Homologous Trademarks). If the parties to the dispute cannot reach an agreement, the European Commission will make a final decision. After the declared geographical name is approved for registration, anyone whose products meet the established specifications is eligible to use the name, which may be accompanied by the English abbreviation "PDO" (protected geographical indication) or similar national traditional marks (see Articles 4 and 8 of Regulation 281/92). Based on the above-mentioned registration, the protection within the same body has dual effects. On the one hand, Article 13, paragraph 1, prohibits the direct or indirect use of registered names on unregistered goods for commercial purposes, which excludes most manufacturers from other regions. On the other hand, even the manufacturers located in the registered area cannot use the geographical name if their products (such as composition, production process, etc.) do not meet the registration specifications. In addition, Article 13, paragraph 1 (b) of the Ordinance prohibits the abuse, counterfeiting and misleading use of geographical names, even if the real source of products is indicated, or their translated names are used, or similar words such as "style", "type", "method", "as if they were produced in (a certain place)" and "imitation" are added while using them. As a result, even if any possibility of misleading the public is ruled out by using negative words, the geographical indication cannot be used. In this regard, the word "misleading" should be interpreted broadly. As long as it may make the public think that a product is related to a product using a protected mark, it can be regarded as "misleading". Therefore, the use of the trademark "Canbozola" on a blue cream cheese is considered to be a misleading use of the name of origin "Gorgonzola" (Italian "Gogonzola" cheese) which is prohibited by law. According to Article 13, paragraph 3, of the Ordinance, the registration of marks still has certain effect, that is, protected geographical names can no longer be used as category marks, even if this change in meaning has actually taken place.