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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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THURSDAY, 14 FEBRUARY 2008
Coexistence of GIs

Commission Regulation 127/2008 of 13 February 2008 entering a designation in the register of protected designations of origin and protected geographical indications (Oscypek (PDO)) has been published on the European Commission's Official Journal website this morning. It has an interesting background. According to the recitals,

"(1) ... Poland’s application to register the designation Oscypek was published in the Official Journal of the European Union.

(2) Slovakia objected ... that registering the designation Oscypek would undermine the designation Slovenský oštiepok, for which Slovakia had applied to the Commission for registration as a protected geographical indication.

...

(4) An agreement was reached between Poland and Slovakia ....

(5) Under this agreement, Poland and Slovakia recognise that the designations Oscypek and Slovenský oštiepok refer to cheeses that are now produced quite differently, despite the fact that they share the same history and tradition.
According to Poland and Slovakia, the key differences between the two cheeses (concerning the raw material used, the production method and physical, chemical
and organoleptic properties) should not give rise to confusion amongst consumers. Poland and Slovakia agree that both designations Oscypek and Slovenský oštiepok are legitimate and Poland underscores that registration of the designation Oscypek as a protected designation of origin would not undermine the right of Slovakian producers to use the designation oštiepok either alone or alongside other terms.

(6) ...Accordingly the designation Oscypek should be registered ..."
CLASS 46 COMMENT: what is effectively a coexistence agreement has been accepted by the Commission here, presumably for diplomatic reasons since the respective parties are the governments of EU Member States. One may speculate as to whether the departments of OHIM and the Court of First Instance will be inclined to take similar account of coexistence agreements in cases involving Community trade marks.

Posted by: Blog Administrator @ 10.27
Tags: Oscypek PDO, Slovenský oštiepok PGI,
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