What is Geographical Indication in Trademark Registration?

 

Geographical Indications (GI) are designations given to goods while trademark registration online. For this purpose, the goods must have a strong connection to the region or a particular geographic area where they are found, produced, or originated.

 

The businesses and establishments in that area are given protection and are allowed to use the "geographical indication" on the unique goods made there. This makes it possible for the owners of GI to respond quickly to any actual or potential violations of a registered Geographical Indication.

 

 

FAQs about Geographical Indications

 

What is a Geographical Indication (GI)?

 

GI is a signal that comes from a certain geographic region. It is used to describe agricultural, natural, or manufactured products made, processed, or prepared in a certain region as a result of which the product has unique qualities, reputations, and/or other features.

 

Is it necessary to register a GI and how does that benefit the applicant?

A GI is not required to register. GI registration gives the following advantages:

 

• Legal defence: This permits the owner of the IP to obtain defence against infringement of the registered GI.
• exclusive rights: guarantees the safety of an individual's identity and prevents anyone from using a registered GI without permission.
• Demand: Increases the number of registered GI products exported as a result of their individual identity on all platforms recognised by law and the media.
• Economic expansion: Encourages the financial well-being of local product manufacturers.

 

When can a GI not be registered?

The following circumstances prevent a GI from being registered:

 

• If used would be likely to mislead or create confusion.
• If used would be against any already in force laws.
• Includes scandalous or obscene content.
• Contains any matter that could offend the religious sensibilities of any class or section of Indian citizens.
• If it would be disentitled to protection in court.
• If it is determined to be generic names or indications of goods.
• Which, although true as to the territory, region or locality in which the goods originate, but falsely represents to the persons that the goods originate in another territory, region or locality, as the case may be.

 

Who holds the title of GI Registered Proprietor?

Any group of individuals, producers, organisations, or authorities recognised by or operating under the law are eligible to become registered proprietors, and their names must be included in the GI Register as such.

 

Who is permitted to use registered GI?

In relation to items for which it is registered, an Authorised User has the sole authority to use GI.

 

Who is a GI's Authorised User?

A producer of commodities in relation to a registered GI is an authorised user of GI. An authorised user must submit their application in writing using the required form and pay the required charge.

 

What does a Producer have to do with a GI?

The term "Producer" refers to someone dealing with the following three types of goods:

 

• Agricultural Goods include the production, processing, trading or dealing;
• Natural Goods include exploiting, trading or dealing;
• Handicrafts or Industrial goods include making, manufacturing, trading or dealing.

 

What is the term of a registered GI?

10 years is the validity of a GI's registration. Every ten years, the registered GI may be renewed by paying the required renewal cost.

 

How does a GI change if it is not renewed?

A registered GI runs the risk of being removed from the register if it is not renewed.

 

When does a registered GI become violated?

The following circumstances constitute GI violations:

 

• Unauthorized usage occurs when a third party utilises a GI in a way that could lead the public astray by suggesting or indicating that the items originated somewhere other than their real place of origin.
• Passing off: the use of GI in an unfair business practice, including the passing off of GI that is registered.
• False representation occurs when the public is misled by the use of another GI into believing that the items come from a territory to which a registered GI pertains.

 

Who may file a claim of infringement?

An infringement action may be brought by the Registered Proprietor or an Authorized User of a registered GI.

 

What are the consequences of violating GI?

According to the Geographical Indications of Goods (Registration and Protection) Act of 1999, violating a GI can result in a prison sentence of between six months and three years as well as a fine of between Rs. 50,000 - Rs. 2,00,000.

 

Can a registered GI be assigned or licensed?

No, a GI is a publicly owned asset that the manufacturers of the relevant goods own. It cannot be the subject of an assignment, transmission, licence, pledging, mortgage, or other similar transaction. However, if an Authorised User passes away, his right passes to his legal heir.

 

Can a registered Authorized User or GI be deleted from the register?

Yes, the GI or an Authorised User may be struck from the register by the Appellate Board or the Registrar of GI. Furthermore, a person who feels wronged can request that something be done.

 

What distinguishes a GI from a trademark registration?

A GI is an indication used to identify items having particular qualities that originated from a specific geographical location. Whereas trademark registration online is a sign used in the course of trade and distinguishes the goods or services of one firm from those of other enterprises.

 

Who and how can submit an application for GI registration?

Any group of people, producer, organisation, or authority created by or subject to the law may submit an application for the registration of a GI, provided that:

 

• Applicants must represent the interest of the producers.
• the application should be in writing in the prescribed form.
• the application should be addressed to the Registrar of Geographical Indications along with the prescribed fee.