1. Similarities between geographical indications and names of origin Geographical indications and names of origin belong to the same concept. All names of origin are geographical indications, but some geographical indications are not names of origin. Origin certification mark is a type of certification mark that incorporates geographical indications and names of origin into the certification mark system and is protected under the Trademark Law. It is one of two categories: origin certification mark and quality certification mark. Registered Origin certification trademarks are an effective way to protect the name of origin. They can be the names of administrative divisions at or above the county level. They do not violate the prohibition provisions of the Trademark Law. Theoretically, the name has a "secondary meaning" due to its use. "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 a certain place within the region. Indications of place. Certain specific qualities, reputation or other characteristics of the product are essentially attributable to that geographical origin.” Compare the definition of geographical indications in the TRIPS Agreement with the definition of appellations of origin in the Paris Convention and the Lisbon Agreement. It can be clearly seen that the TRIPS Agreement defines geographical indications on the basis of designation of origin, and the two have the same connotation. Geographical indications and regional origin products (marks) have the same characteristics, functions and effects. 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 trademarks can receive special protection.” my country’s Trademark Law has been integrated with WTO rules, so certification trademarks have become special agricultural products and handicrafts. Passport and talisman to the world. (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 different. (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 forms of signs 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, except for more than 20 countries such as France, which implement separate legislation to protect the name of origin, most of them, such as the United Kingdom, the United States, Canada, Germany, and Australia, have more trade relations with my country. Closely related developed countries all protect their products through trademark laws and in the form of certification trademarks. The scope of international protection for certification marks is much wider than the scope of protection for appellations of origin. According to international practice, when the name of origin conflicts with trademark rights, the "first to file principle" must be implemented. Only after the name of origin is registered as a certification mark in the country, can the name of origin be used in accordance with the international treaty that our country has joined (the Madrid Agreement on the International Registration of Trademarks) " and the "Protocol Relevant to the Madrid Agreement") to achieve international registration, register and protect origin certification trademarks, and effectively improve the visibility and competitiveness of products in domestic and international markets. Use legal weapons to protect your own rights and interests. (6) Brand enhancement is different. If a geographical indication certification trademark meets the conditions for well-known trademark recognition, it can apply for recognition as a well-known trademark, further enhance the brand image, enhance consumer loyalty and favor, increase the protection of certification trademarks, and licenses that comply with geographical requirements. The logo certifies the corporate use of trademark management rules. In order to promote the brand effect and enable producers and operators to obtain greater benefits, the name of origin can only be realized after the application for registration and approval of the geographical indication certification trademark. Note: Geographical indication protected products are products from the region of origin in this article