Geography Reference
In-Depth Information
collective organisation holds the title to the collectively used mark for the
benefit of all members of the group. The collective organisation might conduct
advertising or other promotional activities to publicise the mark and promote
the business of the members.
4. Choice between Trade Mark Protection and Geographical Indications
Protection
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The Community trade mark is a unitary right providing registered trade mark
protection throughout the European Union renewable at ten intervals, indefi-
nitely, while the mark continues in use. The rights accorded PGIs and PDOs
are of indefinite duration, so long as the conditions of the product specification
continue to be met.
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The Community trade mark system has the procedural advantage of conveni-
ence and cost effectiveness of registration. Any natural or legal person can apply
for a Community trade mark or a Community collective trade mark registration
either through the trade mark office of an EU Member State or directly at the
OHIM. With the accession of the EU to the Madrid Protocol for the
International Registration of Marks, applicants can simply designate the Com-
munity trade mark system when applying for an international registration.
With the extension of the Community Trade Marks Act to certification marks
these advantages will extend to that category of marks.
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The EU system for the registration of GIs, on the other hand, requires
applications to the national authorities, which forward them to the European
Commission for further scrutiny. Third countries, however, benefit from a
one-step process, either filing applications online or sending them to the
Commission via their national authorities.
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It is pointed out that despite the similarity between trade mark protection and
the protection of GIs, there are substantive differences that impact upon their
respective registrability and scope of protection. For example, applicants for
geographical Community trade marks are likely to spend proportionately more
on prosecuting or defending opposition actions, due to trade mark law's
presumption that geographical names are prima facie descriptive, and therefore
available for the use of other traders throughout the European market (See
Evans, 2010 at 651).
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See, http://ec.europa.eu/agriculture/quality/schemes/index_en.htm.
