Author(s)

Yanjun Huang ¹

Affiliation(s)

¹ School of Law, Guangdong University of Finance & Economics, Guangzhou, 510320, China

Corresponding Author

Yanjun Huang

ABSTRACT

Compared to ordinary trademarks, geographical indication certification trademark have unique attributes such as separation of use rights and ownership, ability to be named by administrative divisions at or above the county level, and direct indication of product quality. On the basis of clarifying that the scope of rights of the owner of the geographical indication certification trademark includes exclusive rights and prohibition rights, this paper summarizes the relatively fixed judgment ideas formed in current judicial practice on the issue of infringement determination, and points out that there are different views of the courts on the criteria for determining infringement, mainly including the two aspects of judging the confusion potential and reasonable use. In order to improve the infringement identification path of geographical indication certification trademark, it is necessary to clarify the standard of "commodity quality confusion", which requires the degree of confusion to reach the confusion of origin and quality, and at the same time improve the constituent elements of reasonable use. Specifically,it needs to be judged comprehensively from three aspects: objective use method, subjective usage intention and actual use effect. Only when the three conditions are met at the same time can reasonable use be established.

KEYWORDS

Geographical indication certification trademark, confusion potential, reasonable use, trademark infringement

CITE THIS PAPER

Yanjun Huang, Study on the Infringement Identification of Geographical Indication Certification Trademark. Science of Law Journal (2023) Vol. 2: 54-61. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020409.

REFERENCES

[1] X. P Zhao, X. N Qi. (2021) Study on the Determination of Infringement of Geographical Indications Certification Trademark. Social Sciences Journal of Universities in Shanxi, 33, 63-69.
[2] Y. Y Guan. (2022) Discussion on Difficult Issues in the Protection of Geographical Indications in China. Intellectual Property, 04, 3-17.
[3] F Yan. (2017) Confusion and Reasonable Use in Geographical Indication Certification Trademark Infringement Cases. People’s Judicature, 29, 95-100.
[4] Z. L Ling. (2017) Scope of Rights and Infringement Judgment of Geographical Indication Certification Trademarks: An Analysis of the Trademark Infringement Dispute between Longjing Tea Industry Association of West Lake District of Hangzhou and Weikai Tea Company of Xuhui District of Shanghai. China Trademark, 11, 62-64.
[5] Y. H Jiang. (2021) Study on the Determination of Infringement of Geographical Indications Certification Trademark. Legal System and Society, 12, 23-25.
[6] Z. P Su. (2016) Infringement Determination Standards in the Judicial Protection of Geographical Indication Certification Trademarks: A Commentary on the Wuchang Rice Association v. Li Guitong and Beijing Jinli Xingsheng Grain and Oil Trading Co., Ltd. Trademark Infringement Dispute. China Trademark, 01, 30-36.

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