Terminology

Geographic indications of origin are the names of places, areas, regions, or countries, and other indications or signs that are used in commerce to identify the geographical origin of goods or services. They thus serve to give a product an individual commercial identity by making particular reference to its geographical, and not to its commercial origin.

This definition covers both direct, and indirect indications of origin.

Direct indications of origin reflect geographical names, in particular, the names of cities, regions, countries, districts, states, or continents as well as bogs/fens, heaths, bodies of water, valleys or mountains. These all refer directly to a geographical origin. Examples are : Black Forest ham, Allgäu mountain cheese, Thuringian mulled wine, or Dresdner stollen. The names referring to areas (Black Forest, Allgäu), federal states (Thuringia) or cities (Dresden). serve to indicate the geographic origin of products: ham, mountain cheese, mulled wine, or stollen.

Indirect indications of origin are other indications or signs. They do not include any direct indication of geographic origin, but are oriented towards the general public perception. However, in commerce there must be some notional association with the idea of geographic origin. The use of the Hungarian flag on a salami label will be understood by a large proportion of the public as an indication of the Hungarian origin of the product, or the use of a white cross on a red background attached, to a knife, for example, as an indication of its Swiss provenance.
The use of a particular type of bottle for wine, too, is an indirect indication of origin. The clavelin (a particular type of bottle) is reserved for four different French quality wines produced in specified regions.

The geographic indication of origin is not the equivalent of a generic name, or what are known as invented names.

Although generic names do include a geographic indication, the relevant public is no longer aware of their original significance. Examples are "Berliner" (doughnut), "Danziger Goldwasser" (vodka with gold leaf), "Frankfurter Würstchen" (frankfurters), "Kasseler Rippchen" (smoked pork chops), "Linzer Torte", "Schwarzwälder Torte" (Black Forest gateau), "Wiener Würstchen" (wiener sausages) or "Wiener Schnitzel". Similarly with what are known as the standard varieties, such as "Emmentaler" (Emmenthal), "Gouda", "Edamer" (Edam), "Tilsiter" (Tilsit), "Camembert", "Brie" and "Chester", which are mentioned in Article 7 of the Cheese Ordinance.

Invented names are names that cannot seriously be considered to be indications of the place of origin of a product, or names that are generally understood as being non-geographically related elements of a name, even though they do include a geographic indication. Examples are an item of clothing labelled "Modell Passau" (Passau style) or a fountain labelled "Mont Blanc".

Company/business names usually identify only the commercial, not the geographical, origin of the goods, even though they use names of countries or places. This is though, only the case when the name has become accepted in the relevant public as an indication of commercial origin. No-one would ever assume that Bayerische Motoren Werke (BMW), as a global player produces its motor vehicles only in Bavaria.