Why Geographical Indications can't be protected as Trademark?

It can never be denied that in this era of cut-throat competition, a Trademark registration is not only a bonus but is essentiality for any business entity. Trademark registration is a sure shot remedy to all unwanted trade disputes that might occur between any two trading concerns. The necessity of Trademark search before setting up a company or launching a new brand into the market is therefore unavoidable since there are numerous threats that can result in a trademark objection.

Among the most common factors behind innumerable cases of Trademark objection is the similarity of a trademark with a geographical indication. Very importantly, a trademark is liable to be opposed or declared invalid if it conflicts with any geographical indication. In such a case, Trademark registration is refused by the authority thereof.

#1. What is a geographical indication?

A geographical indication is a term given to a name or symbol put on certain products that relate to a specific geographical location or place of origin, such as a town, city, or a country. To understand this, we need to consider the following instances-

• Brooke Bond tea
• Kanchipuram Sarees
• Lipton tea
• Raymond fabric

Among these, Kanchipuram Sarees is not a registered trademark. Rather, it is a geographical indication (GI) that relates to a specific variety of Sarees produced only in the Kanchipuram region in Tamil Nadu.

All the geographical locations are separately registered under Geographical Indications of Goods (Registration and Protection) Act, 1999.

#2. Whether trademark resembling Geographical Indication can be registered?

No. As per the Rule 106 of the Trademarks Rules 2017, any trademark may be declared invalid if it contains a Geographical Indication (GI) with respect to goods or classes of goods originating in the particular territory or region of a country which such GI indicates.

Any such trademark can mislead the consumers as to the true place of origin of a product.

Refer to the 

#3. What is the difference between a trademark & Geographical Indication?

There is a huge difference between trademarks & a geographical indication. Trademark is a Name, Word, Phrase, Logo, Symbol, Design, Image or a Combination of these with which your buyers can easily recognize your brand. On the other hand, Geographical Indication is a name or symbol on the products that relate to a particular location or place of origin of the products.

Here are some key differences between the 2 terms-

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