UNITED STATES OF AMERICA

• LAW PROTECTION GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA

  • GIs are protected by Common Law without being registered by the USPTO owing to their long & unabated usage.

    GI are protected as:

    1. Certification Marks
    2. Collective Marks
    3. Trademarks
    4. Common Law Geographic Indications
• ROLE PLAYED BY GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA:

  • In USA, the GIs serve the same functions as Trademarks.

    Therefore, like Trademarks, Gis are:

    • Source Identifiers
    • Guarantees of Quality
    • Valuable Assets
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN UNITED STATES OF AMERICA

  • Applications for registration of GIs are filed with the USPTO

    GIs in the USA are protected through the Trademarks Protection Regime.

    Certification Marks: Following are the kinds of Certification Marks for GIs indicating:

    1. Regional or other origin.
    2. Material, Mode of Manufacture, Quality, Accuracy along with other characteristics of the goods / services.
    3. That the work or labour involved regarding the goods/services was performed by a member of a Union or other organisation.

    Functions of Certification Marks: Certification Marks act as source identifiers since:

    1. Identify the nature & quality of the goods / services.
    2. Affirm that these goods / services have met certain defined standards.

    Important characteristics of Certification Marks:

    1. Its owner does not use it.
    2. It does not indicate commercial source nor distinguish the goods or services of one person from another person except identifying the nature & quality of the goods / serives & certify that they have met certain defined standards.

    Collective Marks: Following are the kinds of Collective Marks for GIs indicating:

    1. (Collective Trademarks or Collective Service marks.
    2. Collective Membership Marks

    Important Characteristics of:

    Collective Trademarks or Servicemarks : Collective Trademark or Collective Servicemark is adopted by a “Collective” to identify & distinguish their marks from non-members’ goods/services such as:

• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE UNITED STATES OF AMERICA
• REQUISITES TO BE GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA
• WHO CAN FILE GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA
  • • An Association
    • A Union
    • A Co-operative
    • A Fraternanl Organisation
    • Any other organised collective group
• EXAMINATION OF GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA

  • Objections to GI applications may be filed by trademark owners or by applicants whose trademark applications are pending registration.

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA

  • If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s GI is registered.

• USAGE OF GEOGRAPHICAL INDICATION UNITED STATES OF AMERICA
• Cost of Registration of Trademarks