In a world where brand identity and origin drive consumer trust, protecting how your product is identified in the marketplace is crucial. Whether you’re an artisan, agricultural producer, or digital entrepreneur, two forms of intellectual property—trademarks and geographical indications (GIs)—can offer powerful protection for your product’s name, reputation, and origin.
In this article, we'll explore the essential functions of trademarks and GIs, how they differ, and the steps you can take to register and enforce them both domestically and internationally.
A trademark is a legally recognized sign used to distinguish goods or services provided by one entity from those of another. Trademarks can be:
Words or phrases (e.g., “Apple” for electronics)
Logos or designs (e.g., Nike's swoosh)
Slogans or taglines (e.g., “Just Do It”)
Even sounds, colors, or shapes, in some cases
The key purpose of a trademark is to protect brand identity, ensuring that consumers can confidently recognize the source of a product or service.
A Geographical Indication (GI) is a type of intellectual property that indicates that a product comes from a specific place and has qualities, characteristics, or a reputation linked to that location.
Examples include:
Camembert de Normandie cheese (France)
Kalamata olives (Greece)
Basmati rice (India/Pakistan)
Made in Murano glass (Italy)
Unlike trademarks, GIs are often managed by groups or cooperatives of producers rather than individuals or corporations.
While both protect product names, their functions and structures are different:
| Feature | Trademark | Geographical Indication |
|---|---|---|
| Ownership | Individual or company | Group/community of producers |
| Purpose | Brand identification | Denote origin-based characteristics |
| Geographic link | Not required | Essential and central |
| Duration | Renewable indefinitely (typically every 10 years) | Usually does not expire |
| Legal protection | Based on exclusive rights | Often protected by national or international law |
Both forms are enforceable and crucial for protecting commercial reputation and market share, especially in global trade.
Protecting your brand name or product origin is about more than legal formality. It offers:
Protected names signal authenticity to consumers and give products an edge, particularly in luxury and craft markets.
A registered trademark or GI helps prevent others from passing off their goods as yours.
Protected designations often fetch higher prices and are sought after in international trade.
With official registration, you gain the ability to take action against infringement locally or abroad.
Protecting your brand begins with registration. Here are the key steps:
Avoid generic or descriptive names. Opt for something unique and distinctive.
Before you file, search databases to ensure your proposed mark isn't already in use. Use national databases (USPTO, EUIPO, etc.) or WIPO’s global search.
Submit your trademark application to your national office, such as:
USPTO (United States)
EUIPO (European Union)
UKIPO (United Kingdom)
You’ll need to select the relevant class(es) that describe your goods or services (using the Nice Classification system).
Trademark offices may raise objections or request changes before approval.
Once registered, monitor for infringement, and renew periodically (usually every 10 years).
Determine if your product meets the criteria: specific geographic origin, quality or characteristics tied to that region, and shared production methods.
GIs are often registered by associations, cooperatives, or regional authorities, not individuals.
Submit to your national GI authority (e.g., India’s GI Registry, EU’s PDO/PGI schemes). Required documentation includes:
Defined geographic area
Product specifications and production method
Evidence of linkage between origin and product qualities
If exporting, consider applying for international protection under:
The Lisbon Agreement (via WIPO)
Bilateral or trade agreements (like EU-Mexico or EU-India)
Certification marks (as in the U.S. system)
Use the Madrid System administered by WIPO. It allows one application to seek protection in over 130 countries.
Countries party to the Lisbon Agreement allow international GI recognition. Alternatively, use bilateral agreements or certification marks to protect GIs abroad (especially in countries like the U.S. where no standalone GI law exists).
Once you’ve registered your trademark or GI, take steps to protect it:
Monitor markets and online platforms for unauthorized use.
Send cease-and-desist letters to infringers.
File complaints with customs to block counterfeit goods.
Take legal action in cases of repeated or harmful infringement.
For GIs, enforcement may be managed by public authorities or producer groups, depending on national laws.
Genericization: Famous GIs like “feta” or “mozzarella” have lost exclusivity in some markets due to widespread use.
Legal Conflicts: Existing trademarks may block new GI registrations (or vice versa).
High Cost of Global Protection: Filing across multiple jurisdictions can be expensive.
Lack of Awareness: Many businesses aren’t aware of GIs or trademark systems, leading to missed protection opportunities.
Whether you're launching a new artisanal brand or protecting centuries-old production traditions, trademarks and geographical indications are essential tools in your intellectual property toolkit. They not only protect your market position but also enhance consumer trust and international trade value.
Registering your trademark or GI early—and enforcing it consistently—can make the difference between growing a sustainable brand and losing hard-earned recognition to imitators.