PTO Program in China on Protecting GIs and Trademarks

The U.S. Patent and Trademark Office and the China Trademark Office recently completed a weeklong program in China on the protection of geographical indications. GIs identify a good as originating in the territory of a WTO member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of GIs from the U.S. include Florida oranges, Idaho potatoes and Vidalia onions.

Similar to the U.S., China protects GIs through a trademark system, which is administered by the CTMO. However, China also has a second system for protecting GIs, administered through a separate government agency, which has led to confusion over the protection of GIs and trademarks. “The USPTO-CTMO geographical indications program represents a significant effort on behalf of each office to understand our respective systems for the protection of trademarks and geographical indications,” noted PTO Director Jon Dudas. “Better mutual understanding will lead to certainty and confidence in the protection afforded to trademarks and geographical indications.”