Country: United States Of America
Capital: Washington Dc
Member: Madrid Protocol, Berne Convention, Trademark Law Treaties, Wipo, Paris Convention, Pct, G 8, Wto, Un Security Council
The IP affairs in the USA are looked after by the United States Patent & Trademarks Office (USPTO)
The USPTO determines GIs in the USA.
Role played by Geographical Indications:
In the USA, the Gis serve the same functions as Trademarks. Therefore, like Trademarks, Gis are:
· Source Identifiers
· Guarantees of Quality
· Valuable Assets
Applications for registration of GIs are filed with the USPTO
Protection Accorded to GIs:
GIs in the USA are protected through the Trademarks Protection Regime.
Kinds of GI protectable:
(i). Place names
(v). 3 Dimensional marks
Kinds of GI not protectable:
GI are protected as:
1. Certification Marks
2. Collective Marks
4. Common Law Geographic Indications
Following are the kinds of Certification Marks for GIs indicating:
(i). Regional or other origin.
(ii). Material, Mode of Manufacture, Quality, Accuracy along with other characteristics of the goods / services.
(iii). That the work or labour involved regarding the goods/services was performed by a member of a Union or other organisation.
Functions of Certification Marks:
Certification Marks act as source identifiers since:
(i). Identify the nature & quality of the goods / services.
(ii). Affirm that these goods / services have met certain defined standards.
Important characteristics of Certification Marks:
(i). Its owner does not use it.
(ii). It does not indicate commercial source nor distinguish the goods or services of one person from another person except identifying the nature & quality of the goods / serives & certify that they have met certain defined standards.
Following are the kinds of Collective Marks for GIs indicating:
(i). Collective Trademarks or Collective Servicemarks.
(ii). Collective Membership Marks
Important Characteristics of:
(i). Collective Trademarks or Servicemarks : Collective Trademark or Collective Servicemark is adopted by a “Collective” to identify & distinguish their marks from non-members’ goods/services such as:
· An Association
· A Union
· A Co-operative
· A Fraternanl Organisation
· Any other organised collective group
(ii). Collective Membership Marks: Collective membership mark is adopted for the purpose of indicating membership in an organised collective group such as:
· A Union
· An Association
· Any other organisation
Common Law Geographical Indications:
GIs are protected by Common Law without being registered by the USPTO owing to their long & unabated usage.