A geographical indication (GI) is a type of intellectual property right used to protect qualities or characteristics of products that denote a specific geographical origin. A number of well-known examples exist within the food and drink space: Scotch whisky, Stilton cheese and Melton Mowbray pork pies are all examples of GIs from the UK.
The majority of GIs are owned by collectives or federations: a group of individuals or companies that define the standards for goods bearing their GI and take on responsibility for enforcement.
All GIs which were registered under European Union GI regimes prior to the UK’s withdrawal from the EU (Brexit) continue to have protection under both the UK and EU GI schemes. Since Brexit, the UK operates a twofold approach to protection of new GIs. In England, Wales and Scotland, it is possible to register a GI with the Department for Environment, Food and Rural Affairs (Defra). In Northern Ireland, GIs are registered at the EUIPO, with Defra also being responsible for administration and enforcement.
Defra works closely with the UKIPO to maintain a relationship between GIs and trade marks. For example, when examining a new UK trade mark application, the UKIPO will also search for GIs registered in the UK and EU (provided Northern Ireland is covered), and will refuse a trade mark application that conflicts with a protected GI.
It may be possible to overcome such an objection by amending the specification of the application with suitable wording which makes reference to the GI.
Of course, it is essential that brand owners ensure that their products comply with any regulatory requirements before branding and launch. GI owners have been known to take consistent action against parties using or seeking to register trade marks for products that have not been approved under the regulations of the GI.
This is true even where the GI itself is not included in full within the trade mark, although results for GI owners have been mixed in this context.
For example, the “Consorzio” responsible for the Prosecco GI were successful in a UKIPO opposition against a trade mark application for NOSECCO, covering alcohol-free wines, on the basis that consumers would assume there was a link between the parties due to the similar products and marks. You may have noticed that these goods are now branded “Nozeco” on supermarket shelves.
In contrast, the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi were unsuccessful in two oppositions against trade mark applications for GRILLOUMI and GRILLOUMAKI. In this case, the Foundation relied on a collective trade mark registration – similar to a GI in concept but protected as a registered trade mark – but it was found that UK consumers would not readily identify Halloumi as a trade mark, and the applications related to restaurant services, which were found to be not highly similar to food products. It remains to be seen whether the Foundation will seek to register Halloumi as a GI in the UK for future enforcement purposes, as GIs are generally seen as a stronger right than a collective mark. Halloumi was registered as a Protected Designation of Origin (PDO) under the EU regime in 2021.
In the EU, GIs will soon extend to other categories of goods beyond food, drink and agricultural products. The EU has recently enacted legislation to introduce Protected Geographical Indication (PGI) recognition for craft and industrial products, due to become effective from 1 December 2025. This scheme could allow producers of goods such as Carrara marble, Harris Tweed-cloth and Murano glass to benefit from the PGI protection regime. Time will tell whether the UK will follow suit and whether the new EU regulation will apply in Northern Ireland. There certainly appears to be a financial benefit to producers from such schemes; a 2020 EU study found that, on average, GIs doubled the value of a product when compared with similar products without similar certification.*
Whether seeking to protect a geographical indication in the UK or EU, or to use a GI as part of a new trade mark, on branding or on packaging, brand owners are always advised to contact an intellectual property professional for advice on the potential implications.
*Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5242 and https://op.europa.eu/en/publication-detail/-/publication/e36466e6-7ec0-11ea-aea8-01aa75ed71a1/language-en
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