GI Registration in US Process: Complete In-Depth Guide

GI Registration in US: Introduction

In a globalized marketplace, Geographical Indications (GIs) play a vital role in protecting traditional knowledge, unique agricultural products, and regional crafts. Products such as Darjeeling Tea (India), Champagne (France), or Roquefort Cheese (France) gain premium value because of their geographical origin and centuries-old reputation.

In our earlier post, we discussed the GI Registration process in India, and in this post, we provide a detailed step-by-step process of GI registration in the US.

For producers and exporters, the U.S. is one of the most important markets. But unlike the European Union or India, the United States does not have a dedicated GI law. Instead, protection is granted through the U.S. trademark system under the Lanham Act. This often confuses applicants who are used to filing GIs under stand-alone legislation in their own countries.

This guide explains in detail the GI Registration in US process, its legal framework, step-by-step filing procedure, documentation, costs, benefits, challenges, and real-life examples.

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What is a Geographical Indication (GI)?

A Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially due to that origin.

• International Definition (TRIPS Agreement, Article 22):
  A GI identifies a good as originating in a territory, region, or locality where a given quality, reputation, or characteristic is attributable to its geographical origin.
• Examples Worldwide:
  • Darjeeling Tea (India)
  • Kalamata Olives (Greece)
  • Tequila (Mexico)
  • Napa Valley Wine (USA)

GIs are considered a form of intellectual property right (IPR) alongside patents, trademarks, and copyrights.

GI Protection in the United States: Legal Framework

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No Stand-Alone GI Law

Unlike the European Union (which maintains a strict GI register), the U.S. has no separate GI statute. Instead, GIs are protected as part of trademark law.

Protection Through Trademarks

The Lanham Act (U.S. Trademark Act of 1946) governs the protection of GIs by allowing them to be registered as:

• Certification Marks – Certify that goods meet certain standards, including geographic origin.
• Collective Marks – Used by members of an association, cooperative, or group of producers.

This makes the USPTO (United States Patent and Trademark Office) the key authority for GI protection.

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GI Registration in US Process: Step-by-Step Guide

Step 1: Choose the Type of Mark

1. Certification Mark – Most common for GIs. Indicates that a product comes from a specific region and meets defined standards.
   • Example: Idaho® Potatoes
2. Collective Mark – Indicates membership in an organization.
   • Example: A farmers’ cooperative brand.

Step 2: Prepare Application

Applicants must prepare a detailed submission for the USPTO including:

• The GI name, logo, or sign.
• Description of goods.
• Geographic link and quality standards.
• Association or governing body details.
• Specimens showing use in commerce.

Step 3: Filing with USPTO

• File online through the Trademark Electronic Application System (TEAS).
• Select “Certification Mark” or “Collective Mark.”
• Pay filing fees ($250–$350 per class).

Step 4: USPTO Examination

• USPTO reviews for conflicts, distinctiveness, and compliance with the Lanham Act.
• An Office Action may be issued if clarification is needed.

Step 5: Publication in Official Gazette

• If approved, the mark is published.
• Third parties have 30 days to file an opposition.

Step 6: Registration

• If unopposed, or if the applicant wins opposition, the GI is registered.
• Certificate of Registration is issued.

Documentation Required for GI Registration in US

• Application Form (TEAS)
• Applicant Details (association, board, government authority)
• Product Description
• Geographical Link Evidence (maps, history, cultural significance)
• Certification Standards (for certification marks)
• Specimens (labels, packaging, marketing materials)
• Fee Payment receipt

Duration and Renewal

• GI protection under U.S. law lasts 10 years.
• It is renewable every 10 years by filing a Section 8 Declaration of Use and Section 9 Renewal Application.
• Continuous use must be proven to maintain validity.

Costs Involved in GI Registration in US

• USPTO Filing Fee: $250–$350 per class
• Attorney Fees: Varies ($1,000–$3,000+) if hiring U.S. counsel
• Renewal Fee: Around $525 per class every 10 years

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Benefits of GI Registration in US

1. Legal Protection – Prevents unauthorized use of regional names.
2. Market Advantage – Builds consumer trust and premium pricing.
3. Export Growth – Helps foreign producers secure their brands in the U.S. market.
4. Economic Development – Protects small producers and traditional knowledge.
5. Brand Recognition – GIs often become global brands (Idaho Potatoes, Napa Valley Wine).

Challenges in GI Registration in US Process

1. No Dedicated GI Law – Unlike the EU, where GIs enjoy direct recognition.
2. Complex Trademark System – Requires strong legal drafting and representation.
3. High Opposition Risk – Existing businesses may oppose GI claims.
4. Cost and Time – Registration may take 12–24 months and involve legal fees.
5. Enforcement Burden – The GI-owning body must actively monitor misuse.

Examples of GI Protection in USA

• Idaho® Potatoes – Certification mark protecting potatoes grown in Idaho.
• Florida Oranges – Certification mark used for oranges from Florida.
• Napa Valley Wine – Protected by both trademark law and specific wine labeling regulations.
• Vidalia Onions (Georgia) – Recognized under both state and federal systems.

These examples show how U.S. law accommodates regional products through certification marks.

GI Registration in US vs Other Jurisdictions

Aspect	United States (USPTO)	European Union (EUIPO)	India (GI Registry)
Legal Basis	Lanham Act (Trademark Law)	EU GI Regulation (Agricultural & Non-agri)	Geographical Indications of Goods Act, 1999
Type of Protection	Certification Marks / Collective Marks	GI Register (PDO, PGI, TSG)	GI Certificate (stand-alone right)
Duration	10 years, renewable indefinitely	Indefinite (renewal fees apply)	10 years, renewable
Enforcement	GI owner must enforce rights	National authorities + GI owner	GI owner/authorized users enforce

International Agreements and GI in USA

The U.S. is a member of:

• TRIPS Agreement (WTO) – Requires protection of GIs.
• NAFTA / USMCA – Includes provisions on GIs and trademarks.
• Bilateral Trade Agreements – Often address GI recognition with trading partners.

Despite these, the U.S. prefers the trademark route over stand-alone GI laws.

FAQs on GI Registration in US

1. Can foreign producers register GIs in the U.S.?

Yes. Foreign associations or government bodies can file for certification marks with the USPTO.

2. How long does the GI Registration in US process take?

It typically takes 12–18 months, depending on objections or oppositions.

3. Is GI protection automatic in the U.S.?

No. Unlike copyright, GIs require formal registration under the USPTO.

4. What happens if someone misuses a GI name in the U.S.?

The GI owner can file an infringement lawsuit or send a cease-and-desist notice.

5. Is “GI” mentioned explicitly in U.S. law?

No. Instead, protection is embedded in trademark law under the Lanham Act.

6. Do wines and spirits enjoy special GI protection in the U.S.?

Yes. The Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates American Viticultural Areas (AVA) for wines.

GI Registration in US Process (Quick Summary)

The GI Registration in US process is different from countries with stand-alone GI laws like India or the EU. In the United States, Geographical Indications (GIs) are protected under the Lanham Act through certification marks and collective marks, administered by the USPTO (United States Patent and Trademark Office).

Steps to Register a GI in the US:

1. Choose Mark Type – Certification mark (most common) or collective mark.
2. File Application – Submit GI name, product description, geographic link, certification standards, and specimens through USPTO’s TEAS system.
3. Examination – USPTO reviews for conflicts and compliance.
4. Publication – Mark is published in the Official Gazette for opposition.
5. Registration – If unopposed, a certificate is issued.

Protection lasts 10 years and can be renewed indefinitely. Examples include Idaho® Potatoes, Florida Oranges, and Napa Valley Wine.

This system helps producers safeguard authenticity, prevent misuse, and build brand value in the U.S. market.

Conclusion

The GI Registration in US process is unique because the country does not recognize geographical indications under a stand-alone law. Instead, the USPTO provides protection through certification marks and collective marks under the Lanham Act.

For producers and exporters, registering a GI in the U.S. requires careful preparation, clear certification standards, and strong legal documentation. Despite challenges like cost and opposition risks, U.S. GI registration offers substantial benefits: legal protection, market recognition, export growth, and brand value.

In an era where authenticity sells, protecting GIs in the U.S. is no longer an option — it’s a necessity.