GERMANY

• ROLE PLAYED BY GEOGRAPHICAL INDICATION GERMANY:

  • Role played by Geographical Indications and Designations of Origin:

    • GI is a source indicator informing consumers about a product’s origin from a certain place.
    • GI confirms certain special characteristics  inherent to the product.
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN GERMANY

  • GIs in Germany are protected by way of the following:

    1. Trademarks Law
    2. Geographical Indications Act
    3. EC regulations

    Types of GI Protected:

    1. Indications using names of places, areas, territories, countries, other indications used in the identification of the geographical indication of goods and /or services.
    2. Indications relating directly or indirectly to the specified geographical site / area.
    3. Indications identifying goods and services as originating from a given terrain.
    4. Indications emphasising the characteristics of the goods as originating from that area.
    5. Indications highlighting the speciality of the variety that connects the goods to the locality.

    GIs may be protected as:

    • Collective marks
    • Designations of Origin
    • Certain traditional geographical or non-geographical names
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE GERMANY

  • Geographical Indications are not protectable if and when:

    • They are immoral or against public order;
    • GIs likely to mislead the public with respect to the place of origin of the goods;
    • Trademarks containing or consisting  GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
    • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
    • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin;
    • GIs lack the requisite qualities and characteristics;
    • Not falling under the definition of appellations of origin and GI;
    • Conflicts with prior GI;
    • Imitates prior GI;
    • Encourages Unfair Competition;
• REQUISITES TO BE GEOGRAPHICAL INDICATION GERMANY
• WHO CAN FILE GEOGRAPHICAL INDICATION GERMANY

  • Applications to have supporting documents evidencing the following:

    • The application for the collective mark must include regulations governing use of the mark.
    • The regulations governing use of the mark must contain at least:
    1. the name and seat of business of the association,
    2. the purpose and representation of the association,
    3. prerequisites for membership,
    4. indications regarding the group of persons entitled to use the collective mark,
    5. the prerequisites for the use of the collective mark, and
    6. indications regarding the rights and obligations of the parties in the case of infringements of the collective mark.
    • If the collective mark consists of an indication of geographical origin, the regulations must provide that any person whose goods or services originate from the corresponding geographical territory and comply with the conditions contained in the regulations governing use of the mark for the use of the collective mark may become a member of the association and is to be included in the group of persons entitled to use the collective mark.
    • The inspection of the regulations governing use of the mark shall be open to everyone 
• EXAMINATION OF GEOGRAPHICAL INDICATION GERMANY

  • Applications are filed and received by the ministry. Applications are examined at the :

    1. Country level – wherein they are scrutinised by expert bodies and opinions issued. Applications are then published in the Trademark Journal
    2. Community level – wherein they are scrutinised at the community level and published in the official Journal of the European Union.
• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION GERMANY

  • Objections, Oppositions, Cancellations at the country/national level may be filed by interested parties post publication of the application.

    Objections, Oppositions, Cancellations at the community level may be filed by member states of the EU and other countries as well.

    Applications complying with all formal requirements are approved by the Authorities.

    If there is no opposition post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

• USAGE OF GEOGRAPHICAL INDICATION GERMANY
• Cost of Registration of Trademarks