Designation of origin plays a critical role in the protection, promotion and differentiation of products in the market. In a way, it is like a seal of authenticity that links the quality of a product to its place of origin. This benefits both producers and consumers. If we delve a little deeper into the world of trademarks and their relationship with designations of origin, we will understand how these two distinctive trademarks coincide in their mission to promote and protect unique products.
What is a designation of origin?
The Denominación de Origen, abbreviated as DO, is a trademark protected by intellectual property, which serves to identify products in commerce in a special way. In particular, according to their geographical origin. In other words, a denomination of origin is a seal of authenticity and quality that ensures that a product comes from a specific geographical region and possesses unique characteristics derived from that locality.
With this in mind, designations of origin encompass geographical names corresponding to a country, region or specific place that indicate the geographical origin of the product. Apart from acting as labels of origin, these geographical names are also closely linked to the characteristics, qualities and reputation inherent to the natural and human factors that influence the uniqueness of the product in that location.
Functions of the Designation of Origin
Specifically, DOs fulfil several essential functions:
- Defence and protection: One of the main functions of DOs is to defend and protect against acts of unfair competition or fraud. By guaranteeing the authenticity and quality of the products, the distinctive trademark provides security for both producers and consumers.
- Consumer identification and orientation: They help consumers identify the origin of products, which facilitates their purchasing decisions. Sometimes, consumer preferences are closely related to the origin of the products.
- Differentiation and competitive advantage: The designation of origin stands out as an ideal system for differentiating products in the market. In other words, the distinctive seal it provides gives a competitive advantage by highlighting its geographical origin and quality.
- Regional development and cultural heritage: They establish a significant connection between the characteristics of the designation of origin and the territory from which it comes. This contributes to the economic development of the region, preserves its cultural heritage and improves the general well-being of the local population.
- Quality assurance: Appellations of origin impose requirements and standards of quality that guarantee product quality to consumers. Consumers can be confident that they are purchasing a high-quality product when they see an appellation of origin on the packaging.
Differences with the indication of origin
It is also important to emphasise that, in the international arena, there is an important distinction between Designations of Origin and Indications of Source. Both categories are considered ‘geographical indications’, but they differ in the degree of connection between the product and its place of origin.
On the one hand, the indication of source is a trademark used for products that come from a specific geographical location. But this does not necessarily certify a specific quality or characteristic based on its origin. For example, ‘Made in Spain’ is an indication of source, as it simply indicates the place of origin, but does not imply any specific quality of the product.
On the other hand, the designation of origin goes further, connoting a quality or specific characteristics of the product due to its geographical origin. In other words, a DO ensures that the product has unique qualities influenced by its place of origin, such as the soil, the climate or the production tradition.
The guarantee trademark
According to Law 17/2001 on Trademarks of Spain, a guarantee trademark is defined as ‘any trademark capable of graphic representation, of those expressed in article 4. 2, used by a number of companies under the control and authorisation of the owner, which certifies that the products or services to which it is applied meet certain common requirements, especially with regard to their quality, components, geographical origin, technical conditions or the way the product is made or the service is provided. In essence, a guarantee trademark is a symbol that certifies that the products or services bearing it meet certain quality standards. They also file a series of predefined requirements.
The owner of a guarantee trademark is responsible for controlling and authorising its use by the companies to which it is granted. Although the owner cannot use the trademark, they have the obligation to guarantee the quality and authenticity of the products and services under their certification. This is achieved through the imposition of standards and requirements that must be met in order to use the trademark.
Benefits of the guarantee trademark
One of the main advantages of a guarantee trademark is that it generates trust in the market. Products and services that bear this trademark benefit from the prestige and reputation of the trademark holder. Consumers trust that products certified under a guarantee trademark meet rigorous quality standards. Precisely because this provides them with security in their purchasing decisions.
In addition to ensuring quality, the guarantee trademark fulfils a function of differentiation. It highlights certified products and services in a saturated market, creating a perception of quality and superiority in comparison with similar products from the competition. This contributes to the promotion of and consumer loyalty towards certified products.
Differences between the guarantee trademark and the designation of origin
Now that we understand the function and benefits of a guarantee trademark (GT), it is important to address how it differs from a designation of origin:
Scope of application
The guarantee trademark protects all types of products or services, it is not limited to food or agricultural products. On the other hand, the designation of origin exclusively protects agricultural products and foodstuffs; services cannot be protected under this system.
Ownership
On the other hand, the GM belongs to a private organisation, generally a commercial association of producers and manufacturers. In addition, it requires the payment of fees for the maintenance and registration of the trademark. The DO is not the property of a private organisation. Unlike the GM, the DO grants a right of use to all producers or companies that meet the required conditions. Nor does it require the payment of fees for its use. Protection is provided through public channels, and the DO administration assumes this guardianship.
Legal regimes for the guarantee trademark and the designation of origin
The guarantee trademark is characterised by a private legal regime, where the protective actions are mainly private. Meanwhile, the designation of origin is situated on a legal-administrative level and the defence of the interests of producers and manufacturers is the basis of its legal regime. Consumers are protected indirectly.
Control and standards
In this respect, in the MG the owner of the trademark is responsible for previously establishing the characteristics and the level of quality that the certified products and services must meet. The owner also carries out the control and the control measures. On the other hand, in the DO (Official Gazette), the administration is responsible for previously establishing the characteristics and the level of quality that the products must meet. The control is carried out by an independent body known as the Regulatory Council.
Duration
In this respect, the guarantee trademark has a lifespan of ten years, after which it can be renewed by paying fees. This is very different to the DO, which has an indefinite duration and the administration decides when it is convenient to abolish it.
Access to producers
Certainly, no producer who fulfils the conditions of use established by the holder of the GM can be denied access. At this point, the designation of origin is also different, as it is made up of names already used and known by society and the geographical areas in which producers can use the designation are delimited.
At ISERN we can advise you on how to register any of these distinctive trademarks
At ISERN we have 100 years of experience in the legal registration and protection of intellectual property rights, trademarks and patents. This allows us to offer you the advice and assistance you need to register your designation of origin, indication of source or guarantee trademark. Our specialists are able to undertake the DO registration process at a national and international level, through the Lisbon System. Visit us at any of our 12 offices in Spain’s major cities or contact us now.