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Protection Of Geographical Indications

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Chapter Summary

Art. 22.3 is among the provisions governing the registrability of geographical names as trademarks. It sets out a general barrier against protection for misleading trademarks. According to the provision, the registration of a trademark which contains or consists of a geographical indication shall be refused or invalidated if the product does not originate from the territory indicated and the use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public about the true place of origin. Art. 22.3 thus is the "logical complement"10 to Art. 22.2 lit. a and contains a prohibition11 on according protection to geographical indications by way of registering them as a trademark or as part of a trademark, if the product indicated does not originate from the territory identified by the indication.

Keywords: geographical indication; trademark



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