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Geographical indications (GIs) designate a product as coming from a certain location. A trademark, on the other hand, distinguishes a product or service as coming from a specific company.
A fanciful or arbitrary sign is frequently used as a trademark. In contrast, the name of a geographical location usually determines the name used as a geographical indication.
Key Difference between GI and Trademark
Finally, because a trademark is related to a specific company rather than a specific location, it can be given or licenced to anybody, anywhere around the globe. A GI, on the other hand, may be used by anyone in the region of origin who makes the product according to established criteria, but because of its link to the place of origin, it cannot be assigned or licenced to anybody outside that place or who is not a member of the authorised producers’ group.
Benefits of Trademark
- Trademarks allow you to obtain sole ownership rights to a symbol or brand name.
- A visually recognisable sign, such as a trademark, is essential for effective marketing campaigns.
- Trademarks enable you to protect your brand’s image from infringement and deception.
- Trademarking increases brand exposure, visibility, and trustworthiness.
- Trademarking also allows you to develop your business both within and outside of India.
- Additionally, trademark registration aids in the protection of your hard-earned goodwill and corporate reputation.
- Trademarking also makes it easier for your customers to distinguish between your items and services.
Benefits of GI
- Geographical Indications are given legal protection in India.
- GI’s prevent others from using a Registered Geographical Indicatior without permission.
- GI registration gives Indian Geographical Indications legal protection, which boosts exports.]
- GI fosters the economic prosperity of producers of items made in a certain geographic area.
Rights Available to a GI Holder
A geographical indication right allows those who have the right to use the indicator to prevent it from being used by someone whose product does not meet the required standards. In places where the Darjeeling geographical indication is protected, for example, producers of Darjeeling tea can prohibit the use of the term ‘Darjeeling’ for tea not cultivated in their tea gardens or prepared according to the requirements outlined in the geographical indicator’s code of practice.
However, the holder of a protected geographical indication cannot prevent someone from creating a product using the same procedures as those specified in the indicator’s specifications.
Rights Available to a Trademark Holder
In the event of trademark infringement, the registered owner of the brand shall be entitled to legal recourse under the Trade Marks Act, 1999. By filing a lawsuit against the alleged infringer, the owner could get an injunction as well as damages or recovery of profits lost. Moreover, trademarks ensure exclusive usage. The trademark owner has the exclusive right to designate the goods or services for which the trademark is issued, as well as the exclusive right to use and license/ assign the trademark for such goods or services.