GEOGRAPHICAL INDICATIONS AND TRADEMARKS.pptx

Geographical indications and trademark

1. R.A.K COLLEGE OF AGRICULTURE, SEHORE(M.P) INTELLECTUAL PROPERTY AND ITS MANAGEMENT IN AGRICULTURE SUBMITTED TO- DR.A.N.BHANU Topic- Geographical Indications And Trademark SUBMITTED BY- Ankesh verma M.Sc.(Ag) Entomology Roll No. 23131901 Batch-(2023-24) Rajmata Vijayaraje Scindia Krishi Vishwavidyalaya

2. GEOGRAPHICAL INDICATIONS-DEFINITION   It is an indication. It originates from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods. The manufactured goods should be produced or processed or prepared in that territory. It should have a special quality or reputation or other characteristics.

3. BENEFITS OF GIs   It confers legal protection. Prevents unauthorized use of a Registered Geographical Indication by others. It promotes economic prosperity of producers of goods produced in a geographical territory. Boosts the export.

4. Contd …. Can serve as source-identifiers for consumers. Helps the producers develop consumer loyalty. Plays a role in consumer decisions, including willingness to pay a higher price for regionally branded food products. For example, geographic location is an important component of wine pricing.

5. EXAMPLES OF GIs INDIA Basmati rice Darjeeling tea Alphonso mango Tirupati laddu Mysore silk Mysore sandal soap Coorg orange Kanchipuram silk saree

6. WORLD Canadian whisky Swiss watches Florida oranges Champagne Tequilla Kimchi New Zealand lamb

7. Who can apply for the registration of a geographical   indication? Any association of persons, producers, organization or authority established by or under the law can apply. The applicant must represent the interest of the producers. The applicant should be in writing in the prescribed form. The applicant should be addressed to the Registrar of Geographical Indications along with prescribed fee.

8. IMPACT OF GIs ON DEVELOPING COUNTRIES Encourages rural development. Facilitates market access. Saves local natural resources . Plays an important role in the preservation of cultural identity.

9. Is the registration of a Geographic Indication compulsory   and how does it help the applicant? Registration is not compulsory. Registration affords better legal protection to facilitate an action for infringement. The registered proprietor and authorized users can initiate infringement actions. The authorized user can exercise the exclusive right to use the Geographical Indication. The registration of a Geographical Indication is valid for a period of 10 years.

10. Geographical indications and trademarks GIs are closely related to trademarks; both indicate product origin GIs and trademarks differ in two ways: 1. A trademark belongs to a particular company; it distinguishes that company’s products. GIs are shared by all producers in the region identified by the GI. 2. Gis are attached to a location; but trademarks don’t .

11. GEOGRAPHICAL INDICATIONS OF GOODS (Regulation and Protection) ACT Under Section 1(e) it is defined that ‘Geographic Indication’ 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 characteristic of such good is essentially attributed 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.

12. FOCUS OF THE ACT   Quality ,reputation or other characteristic of such good, which is essentially attributed to its geographical origin. In doing so, the geographical domain can be a territory of a country or a region or locality in that territory. The quality of the product is attributed essentially to its geographical origin and if it is of goods either the raw material production or processing or the preparation shall take place in such territory.

13. Procedure to file the application for GI: Application must be made in triplicate. The application shall be signed by the applicant or his agent and must be accompanied by a statement of case. The statement has to show how the GI serves to designate the goods as originating from the concerned territory having a special quality, reputation or other characteristic. Details of the special characteristics and how those standards are maintained. Three certified copies of map of the region to which the GI relates. Details of the special human skills involved or uniqueness of the geographical environment or the inherent characteristics to which the application relates. Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.

14. Steps involved in evaluating a GI application Step 1: Scrutinizes the application for any deficiencies and, if any found, communicates the same to the applicant. Step 2: Appoint a consultative group of experts well versed on the subject to ascertain the correctness of the claims made. Step 3: A pplication is published in the Journal of Geographical Indications. Step 4: If no opposition is received, then the same is registered after expiry of four months from the date of publication.

15. TRADEMARKS Definition : A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors.” A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.

16. SIGNS WHICH MAY SERVE AS TRADEMARKS Words: This category includes company names, surnames, forenames, geographical names and any other words or sets of words, whether invented or not, and slogans. Letters and Numerals: Examples are one or more letters, one or more numerals or any combination thereof. Devices: This category includes fancy devices, drawings and symbols and also two dimensional representations of goods or containers.

17. Colored Marks : This category includes words, devices and any combinations thereof in color. Three-Dimensional Signs: A typical category of three-dimensional signs is the shape of the goods or their packaging.

18. FUNCTIONS OF THE TRADE MARKS ARE: To identify the goods and their origin. To serve as a guarantee of unchanged quality of the goods. It acts as a marketing and advertising device. It creates an image of product in minds of consumers.

19. ESSENTIAL FEATURES It should be distinctive TM should preferably be an invented word. Eg : ZEN It should be easy to pronounce and remember if it is word mark. In case of a device mark -should be capable of being described by a single word. It was be easy to spell correctly and write legibly. It should not be descriptive. It should be short. It should not belong to the class of marks prohibited for registration. It should satisfy the requirements of registration.

20. TRADE MARK ACT, 1999 Patents , designs and copyright are protected only for a limited period. On the other hand, in general, a registered trade mark can be protected in perpetuity subject only to the following conditions: It is used and renewed periodically and The registered proprietor takes prompt action against infringers. The present Trade Marks Act, 1999 has replaced the Trade and Merchandise Marks Act, 1958. And the Trade Marks Act, 1999 has been brought into force only on 15th September 2003. The Trade Mark Rules, 2002 are passed under the Trade Marks Act, 1999.

21. TRADEMARK REGISTRATION Under the Indian trademark law the following are the types of trademarks that can be registered: Product trademarks: are those that are affixed to identify goods. Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services. Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

22. Advantages of Trademark Registration.. Protects your hard earned goodwill in the business Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill Gives your products a status of Branded Goods. Gives an impression to your customers that the company is selling some standard Products or Services The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered. To obtain relief in respect of infringement (misuse by others) of the trade mark. Power to assign (transfer) the trade mark to others for consideration.

23. Procedure/Steps for Trademark Registration Filing of an application for registration by a person claiming to be the proprietor of a trademark, in the office of the Trade mark Registry, within the territorial limits of the place of business in India. Examination of the application by the Registrar to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report is issued. Publication of the application after or before acceptance of the application in the Trademark Journal. After publication if any person gives notice of his opposition to the registration within three months which may be extended to the maximum of one month. If the opposition has been decided in favour of the applicant of the registration of trademark, the Registrar shall register the Trademark. On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Today, as per the Trademark Rules, 2002, the application fees (similar to a tax) are Rs. 3500 per trademark

24. Conclusion The trade mark is for protecting the name of the product or services rather the product itself Trade mark assures the customer about the source of a product, though the quality of the product is not assured by the trade mark. The trade mark should be distinctive. Deceptively similar marks, geographical names etc. can not be registered as a trade mark. In India, the Trade Mark Act of 1999 is presently in force; The term of trade mark protection is 10 years, which can be renewed from time to time, indefinitely; Trade mark can be assigned or transmitted Using deceptively similar marks, falsifying the mark or using unregistered mark cause infringement under Trade Mark Act The penalties against offences related to trade mark can range from fine to imprisonment.