Geographical Indications

This blog posting will briefly discuss geographical indications (GIs), a somewhat little-known intellectual property right.

What are geographical indications? It is a collective IP right — belonging not to a company but to a region’s producers — with the key distinction drawn between GIs, which are focused on the quality and reputation attributable to a particular origin and the stricter appellation of origin, which focuses on the requirement that all production of a particular product or service must occur within the region. Appellations of origin, a subset of GIs, is specific to the wine industry.¹

The Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS) framework is laid out as the global floor, including the higher protection wine and spirits enjoy under Article 23 and the contentious generic exception that explains why, for example, parmesan cheese survives in the US market.²

The Lisbon Agreement for the Protection of Appellations of Origin and International Registration, ratified in 2015, extended beyond protections to appellations of origin to also include GIs.

Enforcement is vital for protection of existing marks through monitoring and evidence gathering, cease and desist, customs border measures, civil injunctions and damages, and the strategically fighting genericness early and consistently.

This blog posting is for informational purposes only and does not constitute legal advice.

Contact Yonaxis I.P. Law Group for guidance specific to your business.

Footnotes

1. See, e.g., 27 C.F.R. §4.25. ↩

2. See, e.g., Interprofession du Gruyere v. U.S. Dairy Export Council, 62 F.4th 157 (4th Cir. 2023) (finding “gruyere” cheese to be otherwise generic and therefore incapable of receiving certification mark registration); Miller Brewing Co. v. G. Heileman Brewing Co., Inc., 561 F.2d 75 (7th Cir. 1977) (holding LITE is merely a descriptor to a beer’s trade name, and therefore, cannot be eligible for trademark registration). ↩