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Trademark And Geographical Indications: An Analytical Overview Of The Collision Of Rights & Use Of Alternative Remedies For Redressal

Updated: Apr 27




Aumkaar Prashant Sandhyaa Sane, LL.M., University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi


ABSTRACT


Trademarks and geographical indications (GIs) often come into conflict due to their overlapping functions in intellectual property law. While trademarks help businesses establish a distinct brand identity, GIs are meant to protect the cultural and regional significance of certain products.


Countries handle these conflicts in different ways, using legal agreements like TRIPS and case studies from India and the European Union. One major issue is making sure consumers are not misled while still allowing businesses to grow and protecting the uniqueness of products tied to specific places. This paper examines real legal disputes and ongoing discussions to understand whether trademarks and GIs can work together without causing unfair advantages or harming cultural traditions.


Keywords: Intellectual Property Law, Trademarks, Geographical Indications (GIs), Legal Conflict, TRIPS Agreement



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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