IPA trademark 2.-certification-trade-marks-and-geographical-indications-gis — IP Australia Trade Marks Manual of Practice and Procedure – 35.2. Certification trade marks and geographical indications (GIs)

Trade Marks Act 1995 Trade Marks Regulations 1995 Under the TRIPS agreement, Australia is obliged to provide a mechanism for the protection of Geographic Indications (GIs) in Australia. There are two ways to protect GIs in Australia: registration of the GI as a certification trade mark protection of GIs for wine or grape products through the provisions of the Wine Australia Act 2013 . More information on this can be found in Part 32B – Examination of Trade Marks for Wine (in Class 33) . ​​​​​​​​​​​​​​ 2.1 What are geographical indications (GIs) Section 6 of the Act defines a GI in relation to goods as: a sign that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. The following are examples of GIs for cheese: Stilton Roquefort Grana Padano Parmigiano Reggiano Each of these types of cheese come from specific regions in Europe. The unique characteristics of each cheese is due to the specific recipes and regions where they are produced. 2.2 Registration of GIs as certification trade marks The certification trade mark provisions are the principal way to protect a GI in Australia. As with other certification trade marks, GIs must meet the requirements of the Act relating to certification trade marks. TEQUILA (1377413) is an example of a GI protected in Australia by registration as a certification trade mark.