The name of origin, also known as geographical indication, is one of the objects of industrial property protection. Section III of Part II of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization specifically stipulates the protection of geographical indications. Geographical indications used in the Agreement "refer to the following indications: indicating that the commodity originated in the region of a member, or originated in a certain region or place in the region, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin." China's Trademark Law adopts the term geographical indications, which "refers to the indication that a commodity originated in a certain region and its specific quality, reputation or other characteristics are mainly determined by natural factors or human factors in that region." The name right of origin is a substantive right and a natural right without any procedure, which represents the quality of products and the reputation of producers. Moreover, the name of origin is also an intangible property, and its value is often greater than tangible property. The name of origin not only indicates the origin of the product, but also reminds people of the unique quality, reputation or characteristics of the product. Therefore, the products attached to the name of origin are often the specialties of well-known places, which are known to the public in the vast areas inside and outside the country of origin and are one of the constituent elements of the name of origin.
There are close relations and essential differences between the name of origin and the trademark of place name. First of all, from the legal point of view, names of origin and trademarks of place names are intangible assets with property rights. Both of them distinguish different producers of products through specific signs. They are essentially the same in law, and both have the function of identifying the source of goods or services. Secondly, from the appearance expression of the name of origin and the trademark of place name, although the name of origin also involves the description of place names, it is different from the general trademark of place names. The name of the place of origin generally consists of a place name and a commodity, and its form is the name of the place name commodity, such as West Lake Longjing Tea and Jingdezhen Porcelain. Geographical name trademarks directly identify the source of goods or services through geographical characters, indicating the quality of goods or services. Furthermore, the name of origin is different from the trademark of place name. China's Trademark Law adopts a dual protection mode for the name of origin, that is, it accepts the name of origin as the protection scope of trademarks and collective trademarks. At the same time, under the same name of origin, enterprises can still apply for their own registered trademarks. This dual protection mode is obviously more conducive to the obligee to safeguard their legitimate rights and interests. As an exception, because wine and spirits have great economic value, the Trips Agreement gives special protection to the names of origin of wine and spirits, that is, it is absolutely forbidden to register such place names as trademarks. There is no such provision in China's trademark law.