Question

In order to comply with TRIPS Agreement, India enacted the Geographical Indications of’ Goods (Registration & Protection) Act, 1999. The difference/ differences between a “Trade Mark” and a Geographical Indication is/are 

1. A Trade Mark is an individual or a company’s right whereas a Geographical Indication is a community’s right. 

2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.

3. A Trade Mark is assigned to the manufactured goods whereas the Geographical-Indication is assigned to the agricultural goods/products and handicrafts only. 

Which of the statements given above is I are correct? 

(a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3

Answer 1

(b) A trademark or trade mark or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.