Overlap (Or Conflict) Of Trademarks And Geographical Indications

Apoorva Kaur, BBA LLB, College of Legal Studies, UPES Dehradun & LLM, O.P. Jindal Global University

ABSTRACT

Trademarks and geographical indications are both the tools of intellectual property rights which regulate communication to the market about a product. While one is the commercial indicator, whereas the other one is the indicator of origin of the product. The dispute arises where both of these legal devices overlap each other. The major conflict comes into the light when there are different parties claiming to entitlement of exclusive use of a distinctive signs. There are many mechanisms designed to resolve the conflict of trademarks and geographical indications as discussed under TRIPS and other conventions which will be broadly covered in the article.