Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

Innovation & Intellectual Property
distinguish its product from others. In its most conventional context, a trademark
has been defined as “a badge of origin” indicating the source or the trade origin
of the item on which it is used (Kitchin et al., 2005, p. 9). In most jurisdictions, a
trademark can apply to goods and services alike. However, in Nigeria the Trade
Marks Act does not protect services, though such protection has been imputed
through a circuitous registration in class 16 and more recently with the Trade
Mark Regulation allowing service mark registration. It thus remains debatable
whether this action is valid (Trade Marks Act of 1965 [Cap. T13 LFN 2004]). 1
It is frequently argued that one of the basic utilities of trademarks is to boost
competitiveness (Landes and Posner, 1987, pp. 268–70), i.e. a mark with a positive
reputation can enhance the competitiveness in the global economy of the goods
on which it is affixed (UNESCAP, 2009; UNIDO, 2010). In the context of modern
commerce, trademarks can indeed serve several valuable functions, not only in
communicating the origin and quality of goods, but also in providing the incentive
and security for investment in quality assurance and marketing (Landes and
Posner, 1987; Leaffer, 1998). Communal trademarks potentially offer additional
merits over traditional trademarks – additional merits germane to the marketing
efforts of small entities. The potential underlying incentives for communalism in
this context are the qualitative and quantitative synergies envisaged from collectiveness.
Such potential synergies can be generated through the use of certification
marks, collective marks or GIs. The World Intellectual Property Organisation
(WIPO) defines a “collective mark” as “a sign capable of distinguishing the geographical
origin, quality or common characteristics of goods or services of different
enterprises that simultaneously use the collective mark under the control of
its owner” (WIPO, 2004). As noted by Kitchin et al. (2005, p.120), the major purpose
of a collective mark is to distinguish, for promotional purposes, the product
produced by members of an associated group.
The first kind of communal trademark, a collective mark, is uniquely defined
by its ownership structure. Collective marks are owned by an association (public
or private), and intended for use exclusively by the individual members of the
association. It is the responsibility of the organisation that registers the mark to
ensure standard compliance by its members (Kitchin et al., 2005, p. 69). A wellknown
example of a collective mark is the “CA” mark used by the Institute of
Chartered Accountants.
The second type of communal trademark, the certification mark, is similar
to a collective mark because it too is registered by a single entity and used by
the collective. However, unlike with collective marks, the owner of a certification
1 See also Hanover Star Milling Co. v Metcalf, 240 US 403, 412 (1916); Ferodo Ltd v Ibeto Ind. Ltd
(2004) 5 Nigerian Weekly Law Report (NWLR) Pt. 866 at 317–47.
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