About Geographical Indication

GENERAL

In our day to day life we come across many common indications in respect of various goods like Darjeeling Tea, Banarasi Sari, Coorg Coffee, Indian Basmati Rice, Goa Feni, Kanchipuram Silk saree, Ratnagiri Alphanso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, Agra Petha etc.

There are many such indications overseas too like Belgian Cigars, Mexican Tequila, Feta Cheese, Jamaican Havana Rum, Columbian Coffee, Swiss Chocolates, Scotch Whisky from Scotland, Roquefort Cheese, Champagne from Champagne dist. of France, Cognac brandy from Cognac dist. of France, Tobacco from Cuba, Sheffield Steel, Marino Wool from Australia, Bordeaux Wine from Bordeaux dist. of Spain, Swiss Watches, China Silk, Dhaka Muslin, Venetian Glass, Arabian Horses to name a few. One common feature of these names is their connotation or reference to some of the existing places, regions, towns or countries.

All these products are linked with specific area or region of production and possess certain unique and rich taste and/or qualities that originate from a particular geographical area which have been nurtured over the centuries and handed over from one generation to other.

What is a Geographical Indication (GI) ?

It is an indication of a product origination from a geographical territory, in respect of agricultural, natural or manufactured goods, which are produced in that territory and have special quality, reputation and other characteristics; These characteristics, however, must be new, distinct, uniform and stable.

What is the governing law in India?

The Government of India has passed Geographical Indications of goods (Registration & Protection), 1999. However, the Act has yet to be notified to be effective. The office of the Registrar of Geographical Indication is established at Chennai.

What are the effects /advantages of registration?

confers legal protection;
prevents unscrupulous traders from taking undue advantage by misrepresentation and misleading the consumers ;
prevents unauthorised use ;
ensures consumer Protection as they get genuine goods
promotes economic prosperity

Who can file the application for registration ?

An application for registration of a Geographical Indications can be made by any Associations of Persons / Producers or authority established under any law representing the Producers of the concerned goods. e.g. all Boards established by Government like the Coffee Board, Tea Board and Spices Board are empowered to initiate the original applications. Similarly, all the producers of Kanchipuram Silk or Banarasi Saris and Ratnagiri’s Alphanso mangoes as well can apply for registration through their Association for protection and prevent any misuse.

Which applications are not registrable under the Act?

Applications in relation to the following types of goods shall not be registered ;

the use of which is likely to deceive or cause confusion;
is contrary to any law for the time being in force; or
comprises or contains scandalous or obscene matter; or
any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
GI which is disentitled to protection in a Court of Law
GI with respect to goods or class of Goods which have become generic in India on or before January 1, 1995.

This is according to one of the provision as specified in TRIPS e.g. the “Cheddar” Cheese is now produced all over the world and not confined to its source from a part of UK.

What are the requirements of filing a GI application?

A Statement relating to GI and the concerned product
The Class of goods (Int’l Classification)
The territory and its map
The particulars of appearance
The particulars of special characteristics
Standard characteristics
Special human skill involved
Number of authorised producers

What is the procedure of registration of GI?

The application along with the information and documents is accepted by the Registrar or if required, further information or documents are called for.
After acceptance of the application, the same is advertised in a Govt. Journal which remains open for opposition for a period of 3 months from the date of advertisement.
If any Notice of Opposition is filed, the applicant is required to file his Counter Statement within a period of two months from the date of receipt of such Notice of Opposition.
Thereafter, both the parties are required to file evidence in support of opposition in the form of Affidavit and after giving an opportunity of being heard, the matter will be decided by the Registrar. The order of the Registrar is subject to appeal before the proposed Intellectual Property Appellate Board.
If there is no opposition or if the opposition is decided in favour of the applicant, the Registrar will issue a Certificate of Registration of Geographical Indication accordingly

Is the Registration perpetual ?

Yes. GI application, once registered is valid initially for 10 years and is to be renewed for every 10 years. Registration will be lapsed / cancelled if the renewal, is not made within 6 months of its due date.

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ALWAYS choose a Trademark which is appealing to eye and ear, short, easy to pronounce and remember as well as easy to spell and write

NEVER choose a Trademark which is descriptive or having direct reference to the quality or characteristics of the Product but suggestive Trademarks are considered be a good Trademarks

ALWAYS choose a Trademark which satisfy the requirements of registration and does not belong to a class of mark prohibited for registration

NEVER use plural words in a Trademark e.g TIC TAC for Candies and not TIC TACS.

ALWAYS conduct a complete availability search for a Trademark. This search should include search at the Trademarks office in India, search in all the available database such as industry magazines /periodicals, Yellow Pages, market resources etc. Legal clearance is always necessary to be obtained to avoid any future disputes.

NEVER modify a Trademark from its possessive form (i.e. with apostrophe 'S) e.g McDONALD’S, DOMINO’S PIZZA, LEVI’S JEANS, and KELLOGG’S for Cereals.

ALWAYS distinguish Trademark from other words in printed matters. In any printed materials like Agreements, Invoice copies, Instruction materials etc., the Trademark should be written either in block letters or within quotation marks or always use appropriate symbols like ® or TM (e.g. in Agreements like Software license, words (marks) like MICROSOFT, INTEL, IBM or LOTUS are always written with appropriate symbols).

NEVER adopt any generic word as a Trademark e.g ASPIRIN

ALWAYS use a Trademark properly with correct style, spelling and in its exact format. It is improper to modify a Trademark (e.g. DOLBY STEREO, MONTBLANC and not MONT BLANC, NESCAFE and not NES CAFE)

NEVER use a Trademark as a noun but use an adjective modifying a noun.

ALWAYS advertise Trademarks rather than Products or Services. This creates a brand loyalty among the consumers. (e.g. COKE for COCA COLA, BAND – AID for first aid dressing from Johnson & Johnson)

NEVER use a Trademark as a verb. Trademarks are for Products or Services and never actions. E.g. it is not XEROXING but Photocopying.

ALWAYS register and maintain registration of the Trademark. It grants many advantages like protection against infringement of trademark, exclusive use of the mark and prevent others from using, applying the said Trademark without proper authority. It is quite necessary to monitor the activities of competitors, their adoption and use of the Trademark.

ALWAYS consider registering a Trademark in all the countries of potential interest.

ALWAYS keep a watch on unauthorized use of identical and/or similar Trademarks and take appropriate action (passing off or infringement as the case may be) at the earliest to prevent such use. Collect as many evidence of unauthorized use as possible.

ALWAYS acknowledge with a footnote, if you are using a Trademark of another party.

ALWAYS make and create awareness among the internal staff about the proper selection and use of a Trademark. Circulation of a note on “do’s” and “don’ts” of Trademark selection and use will be quite useful. Such explanatory and inexpensive brochure can be very effective in creating awareness.

ALWAYS appoint a responsible person within an organization to supervise and co-ordinate the adoption and use of the Trademark. He should be responsible to review advertising, packaging and other documentation for compliance with the basic rules of a Trademark. He may conduct a periodical audit to monitor compliance on all the printed matters including packaging of the Products.

ALWAYS use symbol ® on the shoulder of a mark in case of Registered Trademark (e.g. MICROSOFT® with a phrase “Registered Trademark of Microsoft Corporation”) and TM in case of unregistered Trademarks (e.g.- BAZOOKA™ with a phrase “Trademark of Matshushita Corporation”). Such symbols indicate Trademark rights of an owner in respect of the goods for which it is applied.

It is a criminal offence to indicate an unregistered Trademark as registered Trademark or use of a symbol ®.

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