© 2006 melanie fiedler seminar on trademarks and designs the protection of geographical indications...

© 2006 Melanie Fiedler www.melaniefiedler.eu

Seminaron Trademarks and Designs

The protection of geographical indications and appellations of origin (including for agricultural products and foodstuffs)

Budapest 2006, Sept. 14th


The Community Trade Mark Regulation

and

Geographical Indications


2 conflicting interests:

Individual interest of one manufacturer

General interest in the availibility of the geographical indication


Art. 7 (1) (c) CTMR:

The following shall not be registered:

(c) trade marks which consists exclusively of signs or indications which may serve, in trade, to designate (…) the geographical origin (…) of the goods or of rendering of the service (…).


Amsterdam Republic


Art. 7 (1) (c) CTMR:

The following shall not be registered:

(c) trade marks which consists exclusively of signs or indications which may serve, in trade, to designate (…) the geographical origin (…) of the goods or of rendering of the service (…).


Chiemsee: C-108/97, C-109/97

Oldenburger: T-295/01

Cloppenburg: T-379/03

Facts to be considered:

- Degree of familiarity amongst the public with the name in question

- Properties of the place designated by the name

- Category of goods or services concerned

- Will the consumer associate a pleasurable feeling with the designated place?


SUDAN

dyes, pigments, pigment preparations, liquid crystals, colorants, paints


dyes, pigments, pigment preparations, liquid crystals, colorants, paints

SUDAN ®


Missouri Apparatus for locomotion by land, air or water including their parts; vehicles and their parts, including automobiles and their parts; engines for land vehicles.


Missouri ®Apparatus for locomotion by land, air or water including their parts; vehicles and their parts, including automobiles and their parts; engines for land vehicles.


The Community Collective Mark

and

The Regulation (EC) 510 / 2006 on the protection of geographical indications and

designations of origin for agricultural products and foodstuffs


Regulation

The regulation must provide the following information:

– - the name and the address of the owner,

– - the purpose of the association

– - the legal representatives of the association,

– - the preconditions for a membership in the association,

– - the person who are allowed to use the mark,

- the conditions for the use and the sanctions in case of

violation of the conditions of use.


Council Regulation(EC) 510/2006

on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

Until March 31st, 2006: (EC) 2081/92


Products covered by Regulation (EC) No 510/2006

Agricultural products intended for human consumption:

• Fresh meat (and offal)

• Meat based products (cooked, salted, smoked, etc.)

• Cheeses

• Other products of animal origin (eggs, honey, milk products excluding butter, etc.) • Oils and fats (butter, margarine, oils, etc.)

• Fruits, vegetables, cereals, whether or not processed • Fish, molluscs, fresh crustaceans and ...-based products



Foodstuffs:

• Beer

• Beverages made from plant extracts

• Bread, pastry, cakes, confectionery, biscuits and other baker's wares

• Mustard paste

• Pasta



Agricultural products not intended for human consumption:

• Natural gums and resins

• Essential oils

• Hay

• Cork

• Cochineal (raw product of animal origin)

• Wool

• Wicker

• Scutched flax

• Flowers and ornamental plants


Wine: Regulation (EC) 1493 / 1999

on the common organisation of the market in wine

Spirits: Regulation (EC) 1576 / 1989

laying down general rules on the definition, description and presentation of spirit drinks


The term qualified means that the geographical indication is not only the name of the place where a product got produced but that the product also possesses qualities due to this place of origin.For example due to: - climate,

- soil,- raw materials,- manufacturing know how.

Qualified Geographical Indications


Designation of Origin (Article 2 (1)(a)):

„The name of

a region,

a specific place or,

in exceptional cases, a country,

used to describe an agricultural product or a foodstuff:

- originating in that region, specific place or country,

- the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and

- the production, processing and preparation of which take

place in the defined area.“


Geographical Indication (Article 2 (1) (b)):

„The name

of a region,

a specific place or,

in exceptional cases, a country,

used to describe an agricultural product or foodstuff:

- originating in that region, specific place or country, and

- which possesses a specific quality, reputation or other

characteristics attributable to that geographical origin, and

- the production and/or processing and/or preparation of

which take place in the defined area.“


Traditional non-geographical name


Generic names

A name has become generic,

when it is the common name of an agricultural product or foodstuff

without that the consumer still associates the name with a region or specific place.


Product Specification (Art. 4 (2)) • Name of product• Description of product or foodstuff, including raw materials and

principal physical, chemical, microbiological or organoleptic characteristics

• Definition of geographical area • Evidence that product or foodstuff originates in defined

geographical area• Description of production or manufacturing process

• link between quality or characteristics of product or foodstuff and environment

or• link between a specific quality, reputation or other

characteristics of product/ foodstuff and geographical origin

• the name of bodies verifying compliance with the specification • any specific labelling rule


Registration Proceedings

2 Phases:

- National phase before national office

- Phase before the European Commission


Protected Designation of Origin (PDO)

Protected Geographical Indication (PGI)

= =

= =

Denominazione d‘Origine Protetta (DOP)

Apellation d‘Origine Protégée (AOP)

Indicazione Geografica Protetta (IGP)

Indication Géographique Protégée (IGP)


Cheeses (156)

6

1 2

43

4

20

1

31

4

13

19

1

11

0

5

10

15

20

25

30

35

40

45

50A

ustr

ia

Bel

gium

Den

mar

k

Fin

land

Fra

nce

Ger

man

y

Gre

ece

Irel

and

Ital

y

Luxe

mbu

rg

Net

herla

nd

Por

tuga

l

Spa

in

Sw

eden

Uni

ted

Kin

gdom


Meat and meat-based products (181)

2 2

58

11

1

29

2

46

23

7

0

10

20

30

40

50

60

70A

ustr

ia

Bel

gium

Den

mar

k

Fin

land

Fra

nce

Ger

man

y

Gre

ece

Irel

and

Italy

Luxe

mbu

rg

Net

herla

nd

Por

tuga

l

Spa

in

Sw

eden

Uni

ted

Kin

gdom


Fruits, vegetables and cereals (148)

31 1

24

2

22

45

2

19

28

10

5

10

15

20

25

30

35

40

45

50A

ustri

a

Bel

gium

Den

mar

k

Finl

and

Fran

ce

Ger

man

y

Gre

ece

Irela

nd

Italy

Luxe

mbu

rg

Net

herla

nd

Por

tuga

l

Spa

in

Sw

eden

Uni

ted

Kin

gdom


Czech Rep.

France

Hungary

Italy

Portugal

Slovakia

EC-Reg Lisbon Agr Austria Belgium

Cyprus Denmark

Estonia Finland

Germany Greece

Ireland Letvia

Lithuania Luxembourg

Malta Poland Slovenia

Spain Sweden

Netherlands

United Kingdom

Algeria Bulgaria

Burkina Faso Congo

Costa Rica Kuba

Dem. P. Rep. Korea

Gabon Georgia Haiti

Iran Israel Mexiko

Nicaragua Peru

Rep. Modolva

Serbia & Montenegro

Togo Tunesia


Thank you!


Cloppenburg

Retail Services

Germany

Cloppenburg

© 2006 melanie fiedler seminar on trademarks and designs the protection of geographical indications...

Documents

geographical indication

paints sudan slide

geographical origin

parts vehicles

c trade marks

land vehicles

parts engines

c ctmr