Conditions for protection of the geographical indication

The product corresponding to the geographical indication must have a link with the geographical origin. This link may be established by virtue of its quality, reputation or other characteristic essentially due to its geographical origin. Sometimes it is sufficient for a single criterion to be attributable to the geographical origin, whether it is a quality or other characteristic of the product or solely its reputation.

In addition, the following may constitute potential obstacles to the registration of a geographical indication:

• conflict with an earlier trademark;
• the generic nature of the expression constituting the indication of origin.
  Generic terms are names which, although designating the place from which a product originates, have become customary terms for designating certain products;
• the existence of a homonymous geographical indication, the use of which could be considered misleading as to the true origin of the product.
  This includes geographical indications that are identical in spelling or pronunciation but which designate products of different geographical origin, generally from different countries;
• the fact that the name of the geographical indication is that of a plant variety or animal breed;
• the fact that the geographical indication is not protected in its country of origin.