Thursday, May 3, 2012

Geographical and trade marks& hallmarks

A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country).

  •  The use of a GI may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin
  • In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks
  •  laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to licence or allow the use of the indication.
  • The consumer-benefit purpose of the monopoly rights granted to the owner of a GI also applies to the trademark monopoly right.
  • like trademarks, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration.
  • One of the most important conditions that most governments have required before registering a name as a GI is that the name must not already be in widespread use as the generic name for a similar product.
A trademark, trade mark, or trade-mark[1] is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark may be designated by the following symbols:
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2]
There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
  • The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States





Hallmarks



  • Hallmarks are often confused with "trademarks" or "maker's mark". Hallmarks are not the mark of a manufacturer to distinguish his products from other manufacturers’ products, which is the function of trademarks or makers' marks. To be a true hallmark, it must be the guarantee of an independent body or authority that the contents are as marked
  • The control or inspection of precious metals was an ancient concept of examination and marking, by means of inspection stamps (punch marks). The use of hallmarks, at first, on silver has a long history dating back to the 4th century AD and represents the oldest known form of consumer protection
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