Appellations of Origin and Geographical Indications: Essentials for their Protection and Use

Dear clients and friends,

With the aim of strengthening the recognition of products with cultural identity and quality linked to their place of origin, the Mexican legal framework provides for the protection of Appellations of Origin (AO) and Geographical Indications (GI), figures that add value, prevent unfair competition, and preserve traditional knowledge.

Below, we outline the most relevant aspects:

1. What are AOs and GIs?

-        Appellation of Origin (AO): this refers to the name given to a product originating from a specific geographical area, whose quality, characteristics, or reputation are exclusively or essentially attributable to that location. This includes the origin of raw materials, the production process, and natural or cultural factors specific to the region.

-        Geographical Indication (GI): This is a legal designation used to identify products whose quality, characteristics, or reputation are linked to a specific geographic region, without requiring that all elements come exclusively from that place. The name may directly reference the region, suggest its origin, or be combined with the name of the product.

2. Differences between AOs and GIs

-        An Appellation of Origin (AO) requires that the product’s quality and characteristics depend exclusively on its place of origin and that the entire process takes place there.

-        A Geographical Indication (GI) allows only part of the product’s characteristics or production process to be linked to the region.

3. Why are they important?

These designations offer:

• Legal protection for the name of products linked to a specific region, preventing unauthorized use.
• Added value for traditional products.
• Support for local economic development.
• Trust for both consumers and producers regarding the origin and authenticity of the product.

4. Representative examples in Mexico and abroad

Appellations of Origin (AO):

• Mezcal: distilled alcoholic beverage made from maguey, produced in authorized regions of Oaxaca, Guerrero, Durango, Michoacán, and more recently, Morelos.
• Champagne: recognized in Mexico as a foreign AO for sparkling wines originating from the Champagne region in France.

Geographical Indications (GI):

• Chorizo of Malpaso: traditional cured sausage from Zacatecas, linked to the Calera and Morelos regions.
• Guavas from Eastern Michoacán: aromatic fruit with high antioxidant content, cultivated in this specific region.
• Hibiscus of La Huacana: deep red hibiscus flower of superior quality, grown in the municipality of La Huacana, Michoacán.
• Coffee of Tenejapa, Chiapas: arabica coffee with floral aroma, bright acidity, creamy body, and notes of chocolate and caramel, grown in the localities of Tenejapa, Chiapas.
• Comiteco from Comitán, Chiapas: distilled spirit made from comiteco maguey and cane sugars, produced in the Meseta Comiteca Tojolabal in Chiapas, mainly in the municipality of Comitán de Domínguez.
• Cider of Huejotzingo, Puebla: an alcoholic beverage obtained from the fermentation of musts prepared with juice or concentrates of apples from the Izta-Popo region, produced in the municipality of Huejotzingo, Puebla.
• Volcanic Stone Mortars of San Nicolás Obispo, Michoacán: handcrafted mortars carved from locally sourced volcanic stone, valued for their durability and ideal porosity for grinding, produced exclusively in the community of San Nicolás Obispo, Morelia, Michoacán.
• Blown Glass Ornaments of Tlalpujahua, Michoacán: decorative blown-glass objects handcrafted using traditional techniques, recognized for their wide variety of shapes, colors, and designs, produced in the Municipality of Tlalpujahua de Rayón, Michoacán.
• Large Bread of Acámbaro, Guanajuato: traditional bread made through natural sourdough fermentation, characterized by a golden crust, soft crumb, and slightly sweet flavor, produced using artisanal techniques in the Municipality of Acámbaro, Guanajuato.

5. How are AOs and GIs protected?

The protection is requested before the Mexican Institute of Industrial Property (IMPI) through a declaration of protection, which may be filed by federal or local government agencies, chambers, producers’ associations, and individuals or legal entities with a legitimate interest.

Once the declaration is granted, any party wishing to use the AO or GI must obtain a use authorization, demonstrating compliance with the applicable requirements.

6. Key Considerations

• Only those who produce within the designated region and meet the established standards may use these names.
• Improper or unauthorized use may lead to legal action.

Conclusion

Appellations of Origin and Geographical Indications are essential intellectual property tools for recognizing and protecting products with history, tradition, and a strong link to their place of origin.

At Ramos, Ripoll & Schuster®, we are ready to assist you with their protection, recognition, or regulatory compliance. Please do not hesitate to contact us for further guidance.

Authors:

Edmundo Elías-Fernández
eelias@rrs.com.mx

Alejandro Ripoll González
aripoll@rrs.com.mx

Juan Rafael Amador-Espinosa
jamador@rrs.com.mx

Daniela Márquez Ledezma
dmarquez@rrs.com.mx

Andrea Ramos Macías
nramos@rrs.com.mx