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A study case on coffee (Coffea arabica): Limu Coffe - IRD

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trademark is registered. The justificati<strong>on</strong> for the exclusive right of trademark registrati<strong>on</strong> is to<br />

prevent c<strong>on</strong>fusi<strong>on</strong> arising in the market place. The exclusive rights of trademark registrati<strong>on</strong><br />

subsist so l<strong>on</strong>g as the trademark remains registered. To remain registered, the trademark<br />

owner must pay renewal fees, must use the trademark and must ensure that the trademark<br />

does not become generic being used as the name for the goods.<br />

7.1.3) Certificati<strong>on</strong> Marks<br />

A certificati<strong>on</strong> mark is a sign used to distinguish goods or services dealt with or<br />

provided in the course of trade and certified by the owner of the mark (or by another pers<strong>on</strong> or<br />

organizati<strong>on</strong> approved by the owner) in relati<strong>on</strong> to quality, accuracy or some other<br />

characteristic including origin, material or mode of producti<strong>on</strong>. The owner of a registered<br />

certificati<strong>on</strong> mark has the exclusive right to c<strong>on</strong>trol the use of the mark <strong>on</strong> the certified goods<br />

or services. The purpose of a certificati<strong>on</strong> mark is to inform purchasers that the certified<br />

goods or services possess certain characteristics or meet specific standards. The use of a<br />

registered certificati<strong>on</strong> mark c<strong>on</strong>veys that the goods or services have been examined or<br />

checked by the registered certificati<strong>on</strong> mark owner, who is some<strong>on</strong>e other than the producer<br />

of the goods or services, by methods determined by the registered certificati<strong>on</strong> mark owner.<br />

7.1.4) Collective marks<br />

Collective marks are not easily distinguished from certificati<strong>on</strong> marks. These are<br />

owned by a collective body like a trade associati<strong>on</strong> and serve to indicate that goods or<br />

services displaying the mark are produced by an enterprise that is member of the collective<br />

body. As membership to the associati<strong>on</strong> entails some qualifying standards, the collective mark<br />

is a distinctive sign c<strong>on</strong>veying the said standards (quality, origin, etc.) of the trade associati<strong>on</strong>.<br />

7.1.5) Similarities between GIs and trademarks<br />

Trademarks act as mechanisms signalling a firm’s reputati<strong>on</strong>, thus helping c<strong>on</strong>sumers<br />

to overcome the informati<strong>on</strong> asymmetries in the market. This to protect c<strong>on</strong>sumers from fraud<br />

and to assist in decisi<strong>on</strong> making. The ec<strong>on</strong>omics rati<strong>on</strong>ale for GI protecti<strong>on</strong> is also based <strong>on</strong><br />

informati<strong>on</strong> asymmetries in the market and the role of reputati<strong>on</strong> in ameliorating these<br />

asymmetries.<br />

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