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Why Trademark similar to Geographical Indications cant be registered?


Why Trademark similar to Geographical Indications cant be registered?

It can never be denied that in this period of vicious challenge, a Trademark registration isn't just a reward yet is centrality for any business element.

  • The need for Trademark seek before setting up an organization or propelling another brand into the market is in this manner unavoidable since there are incalculable dangers that can result in a trademark complaint. 
  • Among the most well-known factors behind countless instances of Trademark objection is the likeness of a trademark with a geographical indication.
  • Very critically, a trademark is subject to be contradicted or announced invalid on the off chance that it clashes with any geographical indication. In such a case, Trademark registration is rejected by the specialist thereof.  

#1. What is a geographical indication? 

A geographical indication is a term given to a name or image put on specific items that identify with a particular geographical area or spot of the starting point, for example, a town, city, or a nation. To comprehend this, we have to think about the accompanying occurrences.

#2. Which law is there for geographical indications?

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

#3. Can a trademark similar to Geographical Indication be enlisted? 

No. According to the Rule 106 of the Trademarks Rules 2017, any Trademark registration might be pronounced invalid in the event that it contains a Geographical Indication (GI) concerning products or classes of merchandise beginning in the specific domain or locale of a nation which such GI demonstrates. 

Any such trademark can misdirect the customers with regards to the genuine spot of the cause of an item. 

#4. What is the difference between a trademark and a Geographical Indication? 

There is a huge contrast between trademarks and a geographical indication. While Trademark is a name, word, design, logo, image, symbol, picture or a mix of these that your purchasers can without much of a stretch perceive your image, Geographical Indication is a name or image on the items that identify with a specific area or spot of the beginning of items. 

Here are some key contrasts between the 2 terms-

#5. How to identify a Trademark and Geographical Indications?

For this, we can take the following example-

  • Double Diamond tea
  • Assam CTC tea
  • Lipton tea
  • Taj Mahal tea

Among these, Assam CTC tea is not at all a registered trademark. In fact, it is a geographical indication (GI) that identifies with a particular assortment of tea created just in the Assam state in India.