A geographical indication (GI) protects the product reputation nurtured by a particular place—such as tea, fruit, wine, and specialty agricultural products. It is not the private property of any single enterprise, but belongs to the collective of qualified producers within the region indicated by the sign. China implements GI protection through the collective-mark and certification-mark path under the trademark law framework, alongside special paths such as GI product protection and agricultural-product GIs.
Legal Definition
Article 16(2) of the Trademark Law provides that a geographical indication is a sign indicating that a product originates from a particular region, where a specific quality, reputation, or other characteristic of the product is essentially determined by the natural factors or human factors of that region.
A GI may be a place name or a sign containing a place name. Its essence is the binding of "origin plus quality," not mere identification of origin.
Conflict-Handling Rules
Article 16(1) of the Trademark Law provides that where a trademark contains a geographical indication for goods but the goods do not originate from the region indicated by the sign, thereby misleading the public, registration shall be refused and use prohibited; however, registrations obtained in good faith remain valid. This rule has three layers of meaning:
- Misleading the public is the core element: where the goods genuinely originate from the region, or where, though not from the region, no misleading of the public would result, the prohibition generally does not apply;
- Good-faith prior registrations are protected: trademarks registered in good faith before the GI obtained protection may continue to be used and are not directly overturned;
- Beyond prohibition, rights-confirmation proceedings are available: against misleading later registrations, the rights holder may request refusal of registration or declaration of invalidity.
Protection Paths
- Trademark-law path: register the GI as a collective mark or certification mark, held and administered by a qualified organization and used by members or those meeting the standards;
- Special protection paths: GI product protection and agricultural-product GIs are administered by the competent authorities respectively and run parallel to the trademark path;
- Entity requirements: an application to register a geographical indication as a collective or certification mark must be accompanied by approval documents from the people's government or the competent industry department of the region governing the GI.
Distinction from Ordinary Trademarks
- Rights holder: a GI belongs to the collective of qualified producers; it cannot be monopolized by a single enterprise;
- Scope of users: in principle, all who meet the conditions may use it, giving it an open character;
- Function: a GI certifies origin and quality characteristics, while an ordinary trademark distinguishes a particular operator;
- Limits on assignment: assignment and licensing of GI-type trademarks are strictly limited and may not be detached from control over origin and quality.
Practical Tips
An enterprise wishing to use a particular GI should first confirm the GI's protection path and rights holder, then apply to become a user in accordance with the use and administration rules of the collective or certification mark; it may not simply mark the GI because its products are locally produced. When contemplating a trademark containing a place name, if the place name is a protected GI and the products do not come from that place, the application is likely to be refused under Article 16(1); even where the products genuinely come from the place, the user must still go through the formal application process, otherwise it may constitute infringement or unfair competition.
How these concepts apply in specific cases still involves detailed differences; you may consult a registered agent via MyTMBee for case-specific analysis.