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What are the differences between GI, Collective and Certification marks?

Geographical Indication: A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In other words, a GI is used to indicate that a product is from a specific region and has certain qualities or characteristics that are unique to that region. Examples of GI products include Champagne, Scotch Whisky, and Darjeeling tea.

Collective marks: A Collective mark is a sign used by members of a particular association, cooperative, or organization to indicate that their products or services come from a particular source. In this case, the members of the association or organization share a common interest or goal, and the collective mark helps to distinguish their products or services from those of other producers or service providers.

Certification marks: A Certification mark is a sign used on products or services to indicate that they meet certain standards or qualifications. Unlike a GI or Collective mark, which identifies the origin or source of a product, a Certification mark indicates that the product or service has been independently verified to meet specific criteria.

Some differences in terms of entitlement, functions and validity of GI, Collective and Certification marks are additional provided below:

Entitlement to register:

Geographical Indication: The right to register a GI is given to a group of producers, a particular region or locality, or an authority representing them. The registration is based on the characteristics of the product, its reputation, and its association with the geographic region.

Collective Mark: The right to register a Collective Mark is given to an association or group of persons who use the mark to distinguish their goods or services from those of others. The registration is based on the distinctiveness of the mark and the association or group that uses it.

Certification Mark: The right to register a Certification Mark is given to a person or organization that provides certification services to verify the quality, origin, or other characteristics of goods or services. The registration is based on the certification services provided and the rules and standards used for certification.

Function:

  • Function: certify (origin, quality, safety, etc.) of goods or services bearing such mark => Certification mark.
  • Function: distinguish goods/services of members of an organization which is the owner of such mark from marks of non-members of such organization => Collective trademark
  • Function: identifies a product as originating from a specific region, locality, territory or country => GI

Terms of validity:

  • Geographical Indication: The validity of a GI is indefinite, as long as the product continues to have the characteristics and reputation associated with the geographic region.
  • Collective Mark: The validity of a Collective Mark is renewable every 10 years, as long as the association or group that owns the mark continues to exist and use the mark.
  • Certification Mark: The validity of a Certification Mark is renewable every 10 years, as long as the person or organization that provides certification services continues to meet the standards and rules for certification.

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