Trademarks and Geographical Indications: Conflict or Coexistence?
Abstract
Both trademarks and geographical indications are legal devices which regulate communication to markets about a product. Trademarks indicate the commercial origin of a good or service while geographical indications signal the geographic origin. Both tools also legally grant exclusive rights to certain uses of a word or symbol. Tension arises when the tools overlap on the same subject matter. The thesis asks: is coexistence between the devices in the TRIPS Agreement possible? Are the concepts of trademarks and geographical indications related? If so, how? If not, how? Does the marketing literature of business recognize both registered trademarks and geographical indications as aspects of the same branding exercise?
The thesis finds that as trademarks and geographical indications are unique devices that are not interchangeable and it is possible for legislation to simultaneously protect both, trademarks and geographical indications are therefore not in conflict and can instead be viewed as harmonious tools.