Geographical Indications Law in United States
Here’s an overview of Geographical Indications (GI) law in the United States:
🇺🇸 1. Legal Framework
The United States does not have a standalone Geographical Indications law.
GI protection is primarily provided through the trademark system, especially:
Certification Marks
Collective Marks
The governing statute is the Lanham Act (Trademark Act of 1946), administered by the United States Patent and Trademark Office (USPTO).
2. How GIs Are Protected
Certification Marks: Used to certify that goods come from a specific geographic area and meet certain quality or production standards.
Collective Marks: Used by members of an association to indicate origin or qualities related to a geographic area.
The mark must be registered and maintained like any other trademark.
3. Registration Process
Application filed with USPTO for a certification or collective mark.
Evidence must demonstrate:
The product’s link to the geographic area.
The standards or qualities associated with that area.
Examination includes review for distinctiveness and likelihood of confusion.
Once registered, exclusive rights to use the mark within the U.S. apply.
4. Enforcement and Remedies
Trademark owners can enforce rights through civil litigation for:
Infringement
False designation of origin or unfair competition
Remedies include injunctions, damages, and destruction of counterfeit goods.
Customs enforcement also assists in preventing counterfeit imports.
5. International Agreements and GI Recognition
The U.S. is a WTO member and bound by the TRIPS Agreement but offers GI protection mainly through trademarks, not sui generis GI laws.
The U.S. has bilateral agreements that recognize certain GIs (e.g., agreements on Champagne, Tequila).
The U.S. opposes broad sui generis GI systems that limit trademark rights.
6. Examples of U.S. Protected GIs (via certification marks)
Napa Valley (California wine)
Idaho® Potatoes
Vidalia® Onions
Florida Orange Juice
Summary Table
| Aspect | United States |
|---|---|
| Dedicated GI Law | ❌ No sui generis GI law |
| Protection Mechanism | Certification marks and collective marks |
| Registration Authority | USPTO |
| Duration of Protection | Indefinite, subject to renewal |
| Enforcement | Civil litigation, customs enforcement |
| TRIPS Compliance | Yes (via trademark system) |
RELATED Blog
0 comments