Author Profile

Legal India News Admin

Posted On by &filed under .


How a geographical indication is different from a trade mark?

How a geographical indication is different from a trade mark?

Trademark – According to Section 2 (zb) of the Trade Marks Act, 1999, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.”

Geographical Indications – The term GI has been defined as “Geographical Indications”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

  • A trade mark is a sign which  is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.
  • Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Leave a Reply

Be the First to Comment!

Notify of
avatar
wpDiscuz