What is the Difference Between Trademark and Geographical Indication

Difference Between Trademark (TM) and Geographical Indication(GI)

Let us now consider a few points that shall help us in differentiating between a trademark and GI.

1. A trademark can be name, sign, or identity of a brand or business, which further differentiates the goods or services of one business entity from the others. A technology company is still a technology company; however, based on the manufacturer's trademark, it can be well-distinguished. For instance, Microsoft and Apple are the Registered Trademarks of individual technology companies.
   
2. A Trademark Registration is usually filed by a single business entity or individual, whereas Geographical Indication Protection is granted to a group of manufacturers, who belong to a particular location, where the good was first originated.
   
3. Only a single person, business entity, or a manufacturer can use a registered trademark, while all the producers or manufacturers in the same locality or region are permitted to the use the same GI.
   
4. A trademark can be a word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, an abbreviation, a name, or a device. However, GIs can only be names or symbols corresponding to a particular region or place.
   
5. A trademark is a result of human creativity or intellect, which further determines its uniqueness or distinctiveness. A trademark can be suggestive, arbitrary, or distinctive. On the other hand, GIs identify the goods based on their place of origin. Factors like climate, topography, human work (of a specific geographical location), amongst many others, determine the nature of the GIs.
   
   

Geographical Indication - Overview, Importance, and Benefits

A Geographical Indication (GI) refers to a sign, name, or symbol used on products having a specific geographical origin and possessing qualities or reputation that are due to that origin itself. A GI tag represents a geographical indication. To achieve the GI tag, both the product and its quality must depend on the geographical place of production. The Geographical Indication Rights prevent all the third-parties and unauthorized users or manufacturers from using the indication in the products that do not conform to the applicable standards. For instance, the producers of Darjeeling tea can exclude the use of the term 'Darjeeling' from the tea products that are either not grown in their jurisdictions or not produced as per the standards defined in the laws of geographical indication.

However, the owner of a GI tag can't enforce the rights in preventing someone from making a product by incorporating the same techniques or procedure as set out in the standards for that specific indication. Geographical Indication Protection provides a right over the sign that constitutes the indication.
Geographical indication protection extends to a wide range of products including, but not limited to:

• Agricultural Products
• Handicrafts
• Industrial Products
• Foodstuffs
• Wine and Spirit Drinks

Why Should You Obtain Geographical Indication Protection?

Many people and associations across the globe often get confused while thinking about whether it is worthwhile to obtain GI protection or not. Some of the benefits of registering a geographical indication are as follows, which will help you in understanding its importance.

1- ENHANCES ECONOMIC GROWTH

The protection of geographical indications leads to the overall economic prosperity of the manufacturers and producers. Furthermore, the marketing and promotion of the products with the GI tags enhance the secondary economic activities in that specific region, which in turn boosts the regional economic development. Last but not least, the protection of geographical indications creates a positive image and reputation of the product in the minds of the consumers and rewards the producers with incentives and better ROI.

2- PREVENTS UNAUTHORIZED USE OF GI TAGS

The registered holder of the GI tag has all the legal rights to prevent anyone not belonging to the GI region from using their GI tags. The owners can also initiate legal proceedings against the unauthorized user to save their reputation from being damaged.

3- EXPANDS BUSINESS

The prime purpose of registering a geographical indication is to seek protection for specific products produced in a particular geographical region, which further encourages and motivates the marketers to expand their business at a global level. Furthermore, the protection of geographical indications boosts exports and helps the producers in earning well for themselves.

4- INCREASES TOURISM

The protection of GI tags builds a global reputation for the products. People around the world notice various GI products from different regions and get motivated to visit those regions and use such products. Therefore, it helps in the growth of the tourism industry of that particular region as well.

Ref- https://www.kashishworld.com/blog/geographical-indication-overview-importance-and-benefits/

Kolhapuri Chappals get Geographical Indication Tag

The iconic Kolhapuri chappals have been granted the Geographical Indication (GI) tag by the Controller General of Patents, Designs, and Trademarks across four districts in Maharashtra and Karnataka each. The acquired GI tag brands the footwear made in Kolhapur, Solapur, Sangli, and Satara in Maharashtra, and Dharwad, Belgaum, Bagalkot, and Bijapur in Karnataka as "Kolhapuris." Additionally, it also prohibits using the term for various other similar products made in different parts of the country.

Many people believe that artisans from Maharashtra are the chief manufacturers of the Kolhapuri chappals; however, a large number of artisans from Karnataka are also manufacturing these chappals from quite a long time now. Nearly 5,000 people in the villages of Belagavi, Bagalkote, and Dharwad are engaged in making these chappals, but they have limited access to the flourishing international and domestic consumer markets.

As the Kolhapuri Chappals are an established icon, this move is further expected to improve the domestic and international prospects of the product. Moreover, the GI tag approval of this well-known footwear brand will protect the genuine artisans in Karnataka and Maharashtra against knock-offs.

The GI tag got sanctioned after a joint application was filed by the Dr. Babu Jagjeevan Ram Leather Industries Development Corporation of Karnataka (LIDKAR) and the Sant Rohidas Leather Industries & Charmakar Development Corporation Limited of Maharashtra (LIDCOM). A previous attempt to acquire the GI tag by Maharashtra was rejected.

Kolhapuri Chappals Get Geographical Indication Tag

The iconic Kolhapuri chappals have been granted the Geographical Indication (GI) tag by the Controller General of Patents, Designs, and Trademarks across four districts in Maharashtra and Karnataka each. The acquired GI tag brands the footwear made in Kolhapur, Solapur, Sangli, and Satara in Maharashtra, and Dharwad, Belgaum, Bagalkot, and Bijapur in Karnataka as "Kolhapuris."