Protection for a GI
In Antigua and Barbuda, a GI can be protected under the Geographical Indications Act. It may also be eligible for registration as a trade mark under the Trademarks Act.
A GI is distinct from a trade mark. A GI informs consumers that a product comes from a certain place and has special qualities due to that place of origin, while a trade mark is used to distinguish a business’ goods or services from those of its competitors. A GI may be used by all producers or traders whose products originate from that place and which share typical characteristics, while a trade mark gives its owners the right to prevent others from using the trade mark.
GIs that are not protected
It is important to note the following instances where a GI will not be protected:
– It is immoral or against public order.
– It is no longer in use or no longer protected in the country of origin.
– It has become the common name in Antigua and Barbuda for the goods or services which it identifies.
– (For Wines and Spirits) It has been used continuously for at least 10 years preceding 15 April 1994 or in good faith preceding that date.
– It is confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin.
– It is the name of a person or a predecessor in a particular business.