Wednesday, June 15, 2011

GI applications: is there a watch service?

The IPKat's own GI watch service: you can be
sure of a paws-on approach ...
Trade mark watch services are  -- depending on your view -- (i) a blessing for brand owners who can't be everywhere all the time and need help spotting those sneaky and inconvenient applications made by others who have decided to register the same or a similar trade mark when and where you least expect them or (ii) a necessary evil and a further drain on brand owners' finances.  Businesses which have been alerted to potentially troublesome third party registrations tend to gravitate towards the first opinion, while those which keep on paying but are never disturbed by serious threats veer towards the latter.

So far as this member of the Kat family knows (and for once he's very happy to be proved wrong), there is another threat to the commercial plans and happy expectations of brand-based businesses: in those countries where geographical indications (GIs) are protected other than through the regular trade mark registration process, there is the risk that an existing trade mark registration may be inconvenienced, or indeed blotted out entirely if GI opposition procedures are not conducted within the window of opportunity provided (six months in the EU) -- and there is no obvious and convenient way in which a trade mark owner can have a GI cancelled.

What the Kat wants to know (and he must confess that his curiosity has been stimulated by a reader's query) is this:

  • is anyone currently offering a regular "watch service" for GI applications which is comparable to that for trade marks?  
  • is there any means of lodging a caveat with any national or supranational authority so that a trade mark owner can expect to be officially notified of any application to register his own trade mark as a GI?

While the query originated within the context of the European Union, where the Commission has its own well-established modus operandi, responses from other jurisdictions are also very welcome.

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