Geographical Indications: International, Bilateral and Regional Agreements

Geographical Indications: International, Bilateral and Regional Agreements
Christopher Heath

ISBN 1–84113–571–2
Hart Publishing

The protection of geographical indications started with the protection against misleading use. In order to determine what exactly is misleading, the principles under trade mark law may serve as a useful guideline. However,
some differences should be noted. For one, trade mark protection for geographical indications is not only denied in cases of misleading, but also in cases of descriptive use. This is understandable, as a descriptive trade mark
cannot confer an origin. On the other hand, the use (rather than registration) of a descriptive indication does not cause confusion nor is it misleading in any way. Further, trade mark law is not only concerned with actual, but also with potential conflicts.