Intellectual properties are the most crucial aspect of the business world. They are of many types like trademark registration, patent, copyright, design registration, geographical indication etc. People who are in the business world must be very well aware about the trademark and geographical indication. They are two very important parts of intellectual properties. Both are very different in almost all the aspects. Their objectives of protection are also distinct. It is really crucial to understand the difference between trademark and geographical indication specially for those who are in the business world. In order to understand the difference between trademark and geographical indication it’s important to read them individually first. Hence for the overall understanding of the trademark and geographical indication we have up with this blog. Reading this write-up till the end will help you out to understand the various aspects of both of them.
What is Trademark Registration?
In India, both physical and non-physical assets need legal protection. Protecting physical assets is straightforward, but safeguarding intangible assets, like trademarks, is more complex. Trademarks can be symbols, logos, or marks that distinguish a brand. To protect them from infringement, you must register them under the Trademark Act of 1999. This process is called trademark registration. To ensure your registration goes smoothly, make sure your trademark is unique and linked to your business, gather the necessary documents, and avoid prohibited marks. It’s a good idea to hire a trademark lawyer for expert assistance. Additionally, obtaining an MSME registration can save you money when registering a trademark.
What is Geographical Indication?
Geographical indication has been defined under section 2(e) of the Geographical Indication of Goods (Registration and protection Act) of 1999. As per this law A “geographical indication” for products means a label that tells you where those products come from, like a specific region or country. It’s used for things like agricultural or natural products where the quality or reputation of the product is closely connected to where it’s made. For manufactured products, it also applies if some part of making or processing them happens in that same area.
Key Difference Between Trademark and Geographical Indication
Both the trademark and geographical indications are different from each other in many ways. Some of the key difference between trademark and geographical indication are mentioned below:
Different Process of Registration
Trademark and geographical indication are two different types of intellectual property, so it’s clear that their registration processes are also different. The process to register a geographical indication, as defined in the Geographical Indication of Goods (Registration and Protection) Act of 1999, is more complex and takes longer than the process for trademark registration under trademark law. To successfully register either a trademark or a geographical indication, it’s important to understand the clear difference between trademark and geographical indication.
Different Governing Laws
The very basic distinction in the trademark and geographical indication is that they are governed by two different laws. Trademark is governed by the law called Trademark Act which came in 1999 whereas geographical indication is governed by the Goods (Registration and Protection) Act of 1999. Both the trademark and geographical indication law came in the same year that is 1999. Both developed simultaneously with the time and the need of the businesses.
Miscellaneous Differences
Except the above discussed difference between trademark and geographical indication, there are several other miscellaneous differences as well. Some of the key miscellaneous difference between trademark and geographical indication are mentioned below in the table:
| Geographical Indication | Trademark Registration |
| They are related to particular place | It has nothing to do with the place |
| It can be manufacturing or agricultural products like fruit, coffee etc. | It is given for the particular types of marks, symbol, sign, logo etc. |
| Complicated procedure of registration | Easy procedure of registration |
| Governed by Goods (Registration and Protection) Act of 1999 | Governed by Trademark Act of 1999 |
| It is available only for the goods | It is available for both the goods as well as services |
| This is the protection for the community at large | It is associated with particular individual or business |
| Trademark sometimes includes geographical indication | Geographical indication does not include trademark |
| After getting trademark registration applicant become the owner of the trademark | In geographical indication producer or manufacturer does not become the owner of the GI |
| It attracts the tourist which results into the financial gain | It attracts customers towards the same which will increases the value of the business in the market |
Benefits of Trademark and Geographical Indications
With the understanding of the difference between trademark and geographical indication, it’s important to know about their benefits. There are many benefits of the trademark and geographical indications, some of them are mentioned below in the table:
| Benefits of Trademark | Benefits of Geographical Indication |
| Creates brand value in the market | Prevent the unauthorized use of the particular product |
| Increases credibility of the business in the market | Price of the product increases after geographical indication protection |
| Gives unique recognition to the business and its goods as well as services | Distinct identity of the product |
| Customers trustworthiness got increased towards the business | Provide unique identification to the product on which geographical indication has been given |
| It get loyalty of the customers | It attracts tourists |
Conclusion
There are multiple differences between trademark and geographical indication. They serve as two distinct forms of intellectual property protection, each governed by its own set of laws and objectives. Trademarks are symbols or identifiers that distinguish a brand or business, open to both goods and services, and their registration process is relatively simpler, providing ownership rights to the applicant. On the other hand, geographical indications pertain to specific locations and are mainly associated with agricultural or natural products, with a more complex registration process under a separate law. Geographical indications aim to protect the reputation and quality of products tied to their place of origin and serve the interests of the community rather than individual ownership. Having knowledge with respect to the difference between trademark and geographical indication is crucial for individuals and businesses navigating the world of intellectual property rights.
