A GI trademark is a trademark with strict restrictions on origin, which is usually registered and used jointly by merchants or farmers in a specific region. Whether a foreign business can use a GI trademark mainly depends on the registration and use regulations of the trademark.
Generally speaking, if a GI trademark is registered as a collective mark, then its use is subject to geographical restrictions, and only merchants or farmers in the area of origin have the right to use the trademark. That is to say, if a non-member of the geographical indication certification trademark wants to use the geographical indication trademark, under normal circumstances, it is necessary to apply for the use of the geographical indication trademark or submit an application to the local intellectual property management department (depending on the local intellectual property trademark management), and prove that the goods prove that the goods meet the quality requirements of the designated production area and the products meet the quality requirements of the geographical indication trademark, and can only be used after obtaining authorization, and cannot be used at will without authorization.
If it is a local merchant, within the scope of the area marked by the geographical indication and meets the conditions for the use of the geographical indication, even if it does not apply for membership in the collective, association or other organization, it can also use the geographical indication in accordance with the law; Those who do not meet the conditions for the use of geographical indications or exceed the scope of the geographical indication indication cannot obtain the qualification to use the geographical indication collective trademark through trademark licensing, affiliation, membership, etc. In this case, the foreign merchant cannot obtain authorization to use the GI trademark.
Is it necessary that foreign businesses cannot use GI certification trademarks? This depends on the terms of use of the GI trademark, and foreign businesses can consult with the trademark owner (usually the local association) before carrying out commercial activities. For example, if a foreign business wants to use the trademark of "Liuzhou snail flour", it can entrust a local manufacturer with corresponding qualifications to produce snail flour, and at the same time, it must also apply to the Liuzhou snail flour association.
It should be noted that geographical indications are regional public resources, and if a relevant organization, as a trademark registrant, collects the so-called "membership fee", "franchise fee" and similar fees through litigation, it does not comply with the provisions of the Trademark Law and will not be supported by the people's court in accordance with the law.
Some trademarks contain geographical names, which often have a unique commercial value. According to the provisions of the Trademark Law, even if the right to use a registered trademark is obtained, the right holder has no right to prohibit others from using the place name contained in the registered trademark properly. If another person properly uses the place name contained in the registered trademark, and the right holder files a relevant lawsuit with the people's court, the people's court shall not support it in accordance with law.
To sum up, whether a GI trademark can be authorized to be used by foreign businesses depends on the registration status of the trademark and the specific regulations on its use. In specific operations, it is recommended that foreign businesses communicate with trademark holders to understand the registration and use of trademarks, so as to make reasonable decisions.