Research on the Examination System of Geographical Indications under Trademark Rules

DOI: https://doi.org/10.62517/jel.202414613

Author(s)

Qianyin Gou

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Geographical indications (GIs) can be protected under trademark law by registering them as certification marks. The Trademark Examination and Trial Guidelines issued in 2020 provide directional guidance for trademark registration examination departments. However, the ambiguous boundary between geographical indications and generic names increases the difficulty of examining GIs. Geographical indications and trademarks are independent intellectual property objects. Against the backdrop of unified recognition of geographical indications, it is essential to improve the examination system for GIs under the trademark framework, ensuring its alignment with the specialized legal system for GIs. This paper focuses on the examination system for GIs, analyzes the challenges in identifying GIs under trademark protection rules, and proposes recommendations to improve the trademark examination system based on the unique characteristics of GIs.

Keywords

Geographical Indications; Trademark Examination; Generic Names; Relevance; Trademark Law

References

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