Trademark vs. Geographical Indication in India: Key Differences and Legal Framework

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Trademark vs. Geographical Indication in India: Key Differences and Legal Framework

Trademark vs. Geographical Indication in India, let’s understand key differences and legal Framework. In India, Trademarks and Geographical Indications (GIs) are two distinct forms of intellectual property rights, each serving a different purpose. Here’s a breakdown of the key differences between the two:

1. Definition:

Trademark:

A trademark is a symbol, logo, word, name, or design used by a company or individual to distinguish its goods or services from those of others. It represents the brand or identity of the business and can be owned by an individual or an entity.

Geographical Indication (GI):

A geographical indication identifies products with a specific geographical origin and attributes them with qualities, reputation, or characteristics inherent to that location. Thus, it often connects to the traditional knowledge or skills of the people in that region.

2. Purpose:

Trademark:

Protects the branding of a company or product, ensuring that no one else can use a similar or identical mark that might cause confusion among consumers.

Geographical Indication:

Geographical indications protect the origin and reputation of products tied to a specific region. Furthermore, it ensures that only products genuinely originating from that region can use the name associated with it.

3. Ownership:

Trademark:

Can be owned by an individual, a company, or an organization. Thus, the ownership grants exclusive rights to use the trademark.

Geographical Indication:

A single person or company cannot own a geographical indication. Instead, a group of producers from a specific region, such as a community, cooperative, or association, typically owns it collectively.

4. Scope:

Trademark:

Applicable to a wide range of goods and services, from clothing and electronics to financial services and entertainment.

Geographical Indication:

Geographical indications primarily apply to agricultural products, handicrafts, food items, and other goods whose qualities are linked to a specific region. Examples include Darjeeling Tea, Kancheepuram Silk, Basmati Rice, etc.

5. Duration:

Trademark:

In India, the authorities register a trademark for an initial period of 10 years, and owners can renew it indefinitely every 10 years.

Geographical Indication:

The authorities register a GI for an initial period of 10 years, and producers can renew it for subsequent periods.

6. Example:

Trademark:

The Nike swoosh symbol or the Coca-Cola script logo.

Geographical Indication:

Darjeeling Tea (famous for its origin in Darjeeling, India) or Mysore Silk (from Mysore, Karnataka).

7. Legislation:

Trademark:

Governed by the Trade Marks Act, 1999 in India.

Geographical Indication:

Governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

In summary, trademarks protect brands or company identities, while geographical indications safeguard the regional identity of products tied to a specific place of origin. Both serve to prevent misuse and ensure authenticity, but they cater to different aspects of intellectual property. Thus, trademark vs. Geographical Indication in India and its key differences and legal framework have been covered in this article.

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