UNITED KINGDOM

• ROLE PLAYED BY GEOGRAPHICAL INDICATION UNITED KINGDOM:
  • • 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 UNITED KINGDOM

  • There is no specific law on Geographical Indications in UK as yet, hence the following laws are applicable:

    • EC Regulations
    • Trademarks Law

    Categories of GI Protected:

    1. Protected Designations of Origin – PDO
    2. Protected Geographical Indications -PGO  GIs are protected as Collective & Certification marks under UK Law.
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE UNITED KINGDOM

  • Geographical Indications are not protectable if:

    • 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 of 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  
• REQUISITES TO BE GEOGRAPHICAL INDICATION UNITED KINGDOM

  • Aplications for protection of Gis have to indicate whether they are for certification marks or collective marks.

    Applications to be accompanied by :

    a).  Specifications, denoting:

    1. The goods and/or services being provided by an Association’s membership in the case of collective marks.
    2. The goods and/or services whose characteristics are being certified in the case of certification marks.

    b.)  Regulations governing the use of collective & certification marks.

    Applications for Collective Marks are to contain:

    • Status of the applicant indicating the Association
    • Capacity to hold property rights
    • Information regarding persons authorised to use the mark
    • Conditions of membership of the Association
    • Conditions regarding usage of the mark
    • Sanctions against misuse of the mark

    Applications for Certification Marks are to contain:

    • Status & competence of the mark
    • Information regarding persons authorised to use the mark
    • Information regarding characteristics to be certified by the mark
    • Explanation as to how the Certifying Body is to test those characteristics & supervise the use of the mark
    • Fees if any to be paid in connection with the operation of the mark
    • Procedures regarding resolution of disputes
• WHO CAN FILE GEOGRAPHICAL INDICATION UNITED KINGDOM

  • Following can apply for registration of GIs:

    • Natural / Legal persons carrying on activities as producers in the defined Geographical Area
    • Associations of Producers
    • Other competent authorities
• EXAMINATION OF GEOGRAPHICAL INDICATION UNITED KINGDOM

  • Upon receipt, these applications are then subjected to the following examination:

    1. Initial Examination – of the application itself which is an assessment of the mark’s inherent acceptability.
    2. Examination of the regulation – which governs the use of the certification / collective mark.
    3. Relative Gounds Examination – wherein a search is undertaken to ascertain existence of the prior certification, collective or ordinary trademarks in the registry’s databse conflicting with the applicant’s mark.

    Once the application is found to be compliant with all the formalities and the requisites, it is advertised for objections from interested third parties.

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION UNITED KINGDOM

  • Interested parties may, post publication of the application, object, oppose or ask for cancellation of the GI.

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

• USAGE OF GEOGRAPHICAL INDICATION UNITED KINGDOM
• Cost of Registration of Trademarks