Geographical Indications
Geographical indications (GIs), protected widely
in Europe, are designations used on products with
a specific geographical origin that have characteristics
attributable to that origin. Examples include
“Parma Ham” for prosciutto manufactured in the
Parma region of Italy according to certain Italian
laws, and “Roquefort” for a kind of cheese from
the Roquefort caves in France. Both of these marks
also are registered in the United States as “certification
marks,” under U.S. trademark law. These marks
certify the qualities and characteristics of certain
products—and must be held by someone other
than the producer of the product.
The TPP potentially contemplates broader protection
for GIs than that generally afforded under
U.S. trademark law. Parties “may” use a variety
of procedures to recognize GIs as protectable. In
this country, GIs generally have received protection
only if they are registrable as certification
marks, collective marks (owned by an organization
and used by members to identify themselves
with a certain geographic origin), or geographic
trademarks.
Whatever procedures the Parties use, the TPP
requires them to include a means to challenge
applications for GI protection and cancel the GI
protection. In addition, under the TPP, a trademark
owner could successfully challenge the establishment
of a new GI if it would cause confusion with
a pre-existing trademark right.
Article 18.31 also provides for opposition and
cancellation proceedings for GIs on the basis that
the GI is comprised of a generic term