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

7.1.6) Differences between GIs and trademarks
At a fundamental level, there is a difference in terms of what the distinctive sign is
signifying. Trademarks are distinctive signs identifying goods of an enterprise and thus not
limited by any territorial link. In contrast, geography is at the heart of GIs. They are
distinctive signs identifying goods as originating from a particular geographical area. GIs are
not limited to any particular enterprise and thus enjoyed by all producers within the
demarcated geographical area that qualify for use of the indication. It is also the general
principle that trademarks must not be descriptive or deceptive; thus prohibiting the inclusion
of geographical terms in a trademark.
7.1.7) Comparing GIs and certification marks
Objective
Ownership
Registration
Administration
Inspection
Duration of protection
Geographical Indications Certification Marks
Protection of product’s origin
and its link with quality and
reputation.
Mainly a public right; most
often the indication is owned
by the State or parastatal
institution.
Protection is the result of a
mix of public and private
actions.
The regulating council, often
a consortium representing
firms in the product’s supply
chain, oversee administration
An independent agency or
the government undertakes
inspection of compliance
with standards stipulated in
the indication.
Protection begins with
registration and continues
until the conditions justifying
protection are upheld.
Protection of the certification
of a product’s quality
characteristics, which may
include geographical origin.
Mainly a private right owned
by the trade association or
producer group.
Protection is the result of
private actions by the trade
association.
Table 25: Comparing GIs and certification marks (Rangnekar, 2003)
The trade association who
own the certification mark
administer the mark.
Owner of the certification
mark oversees inspection of
compliance to standards
stipulated in the mark.
Protection begins with grant
of mark and must be renewed
periodically.
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