When entrepreneurs begin building a new brand, they often look for names that immediately create trust and familiarity. A product associated with a well-known place naturally carries a perception of authenticity and superior quality. This is why names such as Kuthampully Sari, Marayoor Sharkara, or Wayanad Robusta Coffee can appear highly attractive from a branding perspective.
However, what many businesses fail to realise is that these names are not merely geographical references; they are legally protected Geographical Indications (GIs). Using such names without entitlement can lead to legal consequences and force a business to abandon years of branding efforts.
A Geographical Indication (GI) is a form of intellectual property that identifies goods originating from a specific geographical region, where the product’s quality, reputation or other distinctive characteristics are essentially attributable to that place of origin. Unlike a trademark, which belongs to an individual or a company, a GI belongs collectively to the authorised producers of that particular geographical area. The purpose of GI protection is to preserve the reputation and uniqueness that generations of producers have built through traditional methods and local expertise.
Many entrepreneurs assume that geographical names are available for anyone to use. While this may be true for ordinary place names, the situation is different when a name has been registered as a Geographical Indication. Once registered, the name signifies far more than a location. It becomes a mark of authenticity, assuring consumers that the product genuinely originates from that region and possesses the qualities for which it has become famous. Businesses outside the authorised geographical area cannot use the GI simply because their products resemble the original.
Kerala is home to several Geographical Indications that reflect its rich cultural and agricultural heritage. Products such as Kuthampully Sari, Aranmula Kannadi, Palakkadan Matta Rice, Marayoor Sharkara, Wayanad Robusta Coffee, Vazhakulam Pineapple, Nilambur Teak, Payyanur Pavithra Ring, Balaramapuram Sarees, and Pokkali Rice have all earned recognition because of their unique origin and longstanding reputation. These names are not generic descriptions but legally protected identities associated with their respective regions.
During the branding process, many startups unknowingly choose a GI name because it instantly communicates quality and tradition. For example, a textile business manufacturing sarees in another district may wish to market them as Kuthampully Sari. Likewise, a food manufacturer may label jaggery produced elsewhere as Marayoor Sharkara, believing that the name simply describes a style or variety. In reality, such usage may amount to misrepresentation because these names indicate geographical origin rather than product type. The law protects consumers from being misled and genuine producers from unfair commercial exploitation of their reputation.
One of the biggest misconceptions surrounding GIs is that producing a product of similar quality gives a business the right to use the protected name. This is not how GI protection works. A coffee cultivated outside Wayanad does not become Wayanad Robusta Coffee, regardless of its flavour or quality. A handloom saree woven outside Kuthampully cannot be marketed as a Kuthampully Sari, even if it follows identical weaving techniques. Similarly, jaggery manufactured outside Marayoor cannot be sold as Marayoor Sharkara merely because it resembles the original. In the context of GI protection, origin is just as important as quality.
Businesses often confuse the use of a geographical name in their address with its use as a product identity. There is nothing wrong with stating that a business operates from Kuthampully or Wayanad if that is factually correct. However, using those names as part of the product identity suggests that the goods themselves qualify as GI products. This distinction is crucial. A business location may describe where the company operates, whereas a Geographical Indication certifies where the product genuinely originates and why it possesses a particular reputation.
Selecting a GI name without understanding its legal significance can prove to be an expensive mistake. Businesses may face legal proceedings, be required to withdraw products from the market, redesign packaging, change their brand identity, and lose valuable customer trust. The financial and reputational costs of rebranding after a product launch are often far greater than conducting proper legal due diligence before selecting a name.
Today, most entrepreneurs conduct a trademark search before finalising a brand name. However, very few verify whether the proposed name is also protected as a Geographical Indication. This simple step can prevent unnecessary legal disputes and safeguard the investment made in building a brand. A successful business should create its own reputation rather than relying on the reputation that another region has earned over generations.
The strongest brands are remembered not because they borrowed someone else’s identity, but because they built one of their own.
(Siju Rajan is a business and brand consultant and a registered trade marks agent)