Differences and Relations between Geographical Indications and Trademarks

Geographical indications and trademarks are both rights of signs, and there are many similarities. There are still many differences between the two, and we can distinguish them by grasping the elements of objectivity, publicity and privacy, and time. Geographical indications, also known as the name of origin, are the geographical names of a country, region or place. The mark of origin, also known as the mark of origin or the name of origin, consists of names, signs or symbols to indicate that the goods originated from a specific country, region or place. Although both the mark of origin and geographical indications have the function of indicating the source of the marked goods, the mark of origin only indicates the place of production of the goods. The difference between geographical indications and trademarks lies in:

(1) Geographical indications are used to distinguish similar products in other places, while trademarks are closely related to producers: similar products produced by different producers in the same place can only be distinguished by trademarks.

(2) Trademarks are transferable, but geographical indications are not.

(3) Objectivity is different: geographical indications are the accumulation of thousands of years of history and exist objectively, while trademarks are the result of subjective efforts of individuals or a few people.

(4) Geographical indications are not limited by time, while trademarks are limited by time.

(5) Different expression quality: Geographical environment and human factors completely or basically determine the quality characteristics of geographical indication products, while trademarks generally have little to do with quality.

(6) Geographical indications are public rights and trademarks are private rights.

Geographical indications and trademarks can be distinguished by the above six points.

Similarity between Geographical Indications and Trademarks

(a) Geographical indications and trademarks are signs that identify the source of similar trademarks or services through words, graphics or their combinations.

(2) Geographical indications and trademarks have the function of identifying commodities or sources. For example, Fengjie navel orange, as a geographical indication product, can make us confirm that the origin of navel orange is fengjie county.

(3) Geographical indications and trademarks have advertising functions. Geographical indications are linked with the characteristics such as the quality of specific products, which will inevitably produce good advertising functions. For example, "Jinhua Ham" is considered as the top three famous brands of ham in the world, so consumers will give priority to Jinhua Ham when choosing to buy smoked products such as ham.

(four) geographical indications and trademarks also have the function of indicating that goods with the same marks have the same or similar standards and quality.

Legal basis:

General principles of civil law

Article 96

Legal persons, individual industrial and commercial households and individual partnerships obtain the exclusive right to use trademarks according to law and are protected by law.