The Comparative Advantages of Geographical Indications and Community Trade Marks for the Marketing of Agricultural Products

Summary:

The aim of this article is to compare the registrability of geographical names under the geographical indications (GI) and Community Trade Mark (CTM) Regulations, in light of their respective capacities to accommodate the landholdings, yields and marketing plans of diverse agricultural undertakings.

In realising this aim, the article first examines the conditions for registration for each of the GI and CTM Regulations. Consequently, it addresses the difficulties of attempting to register a geographical name that has become either descriptive or generic for the type of product. The article then examines the potential of GIs and CTMs, as vehicles for the marketing of agricultural products, and the extent to which each may allow producers to exercise control over supply, distribution and price. It also explains how applicants may benefit from the communicative power of the CTM, while compensating for limitations in the scope of trade mark protection by also applying for registration under the GI regime.

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