Geographical indication (GI) trademarks are a significant concept in the field of intellectual property. They are not only tied to the unique products and cultural heritage of a region but also involve international trade and local economic development. Compared to other forms of intellectual property—such as trademarks, patents, copyrights, and trade secrets—which protect individual intellectual achievements, geographical indications were incorporated into legal protection relatively late. With the advancement of globalization, the international protection of GI trademarks has become increasingly important. The World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a framework for the international protection of geographical indications. Additionally, many countries and regions have signed bilateral or multilateral agreements to strengthen the protection of GI trademarks.
On August 21, 2024, the China National Intellectual Property Administration (CNIPA) issued the Notice of the CNIPA Office on Determining the Implementation List of Geographical Indication Protection Projects for 2024. This initiative clearly demonstrates that China is placing greater emphasis on and enhancing the protection of GI trademarks.
Today, the author will guide you through some fundamental concepts related to geographical indications, the application process, China's relevant examination system, and key considerations during the application process, aiming to provide a comprehensive understanding of GI trademarks.
Ø Origins and Early Protection
The concept of protecting geographical indications through "appellations of origin" was first introduced in France. As early as the 14th century, King Charles V issued a royal charter for Roquefort cheese, which can be considered the first legislation in history to protect appellations of origin.
Ø International Legal Protection
The Paris Convention for the Protection of Industrial Property (1883) was the first international treaty specifically dedicated to intellectual property protection and the first to include geographical indications within its scope.
Ø Definition
According to China's Trademark Law and its implementing regulations, a geographical indication is a sign that identifies a product as originating from a specific region, where the product's particular quality, reputation, or other characteristics are primarily attributable to the natural or human factors of that region. Geographical indications may be registered as certification marks or collective marks.
Common forms of geographical indications include:
1. Combinations of the origin and product name, such as "金华火腿(Jinhua Ham)," "库尔勒香梨(Korla Fragrant Pear)," "西湖龙井(West Lake Longjing Tea)," and "绍兴黄酒(Shaoxing Rice Wine)."
2. Direct use of the origin name as the product's identifier, such as "香槟（champagne）," which is both the name of a French province and a brand of sparkling wine.
Ø Examination System
Geographical indication collective marks and certification marks must comply with the basic provisions of the Trademark Law. This includes ensuring that the mark does not violate prohibited clauses under the Trademark Law, possesses distinctiveness for identification, and does not conflict with prior rights. Therefore, the examination of GI collective and certification marks must adhere to Trademark Law Articles 10, 11, 30, and 31, among others.
Ø Special Considerations for GI Collective and Certification Marks
In this article, we briefly outline some commonly raised concerns for your reference and consideration.
Examination of Specified Goods
The examination of goods for GI collective and certification marks is based on the Classification of Similar Goods and Services. However, GIs emphasize the unique qualities of goods and their connection to the natural or human factors of the region. Therefore:
GI-designated goods are typically agricultural products, food, wine, spirits, and some traditional handicrafts. Products solely determined by natural or human factors—such as handicrafts unrelated to natural factors, local snacks, or industrial products/minerals unrelated to human factors—cannot be designated as GI goods.
Additionally, the specified goods must be clear, specific, and closely related to the GI name. For example, the GI certification mark "象州大米(Xiangzhou Rice)" is designated for "大米(rice)," not "米(grains)."
Examination of Applicant Eligibility
Under Civil Code Article 123, civil entities have exclusive rights to geographical indications. Thus, applicants for GI collective or certification marks must first qualify as civil entities.
Furthermore, GIs are collective rights of producers in the designated region. Therefore, applicants must be non-profit organizations (e.g., social groups, public institutions) approved by the local county-level or higher government or industry authorities, capable of supervising the product's quality, and relevant to the GI product. For-profit entities like companies or agricultural cooperatives cannot register GI marks.
Applicants must submit proof of legal establishment, such as social organization registration certificates or institutional legal person certificates.
For GI collective marks, the applicant organization must consist of members from the GI-designated region.
Examination of Supervision and Testing Capabilities
Applicants with in-house testing capabilities must provide proof of testing qualifications, equipment lists, and personnel rosters.
Applicants outsourcing testing must submit a testing entrustment agreement, the contractor's qualifications, and equipment/personnel details.
Examination of the Link Between Product Qualities and Regional Factors
The product's unique qualities must be primarily determined by the region's natural or human factors. Examples include:
1. Primarily natural factors (e.g., "吐鲁番葡萄(Turpan Grapes)," "安溪铁观音(Anxi Tieguanyin Tea)").
2. Both natural and human factors (e.g., "绍兴黄酒(Shaoxing Rice Wine)").
3. Primarily human factors.
Examination of Proof for GI Existence and Reputation
Evidence of the objective existence and reputation of geographical indications is a crucial basis for the determination of rights to geographical indications. The following evidentiary materials are the primary basis for determining whether a geographical indication objectively exists:
Key evidence includes:
1. Local chronicles, agricultural records, yearbooks, or textbooks.
2. Published books, academic journals, or historical documents.
3. Other materials proving the GI's existence and reputation.
Documents must clearly mention the GI name and its reputation.
Products determined solely by natural or human factors do not qualify as GIs.
The causal relationship between product qualities and natural factors (e.g., climate, soil) must be clearly explained. Merely listing natural conditions is insufficient.
If human factors are involved, include details like planting techniques, seasonal practices, or traditional production methods.
The above summarizes key aspects of GI trademark applications.
Clearly, the examination process for GI trademarks is rigorous. With over a decade of experience in this field, the author has yet to file a GI trademark application. However, the author looks forward to practical involvement, as true understanding comes from firsthand experience—"Knowledge gained from books is superficial; mastery requires practice."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
