In a very interesting precedent, the OHIM Opposition Division has rejected in toto the CTMA CHAMPAGNOTHÈQUE (figurative mark) covering “wine with the registered designation of origin "Champagne" in class 33 and services exclusively related to the sales and promotion of Champagne in classes 35, 41 and 43, on the basis of the prior appellation d’origine protégée CHAMPAGNE.

Background

The Comité Interprofessionel du vin de Champagne (CIVC) filed an opposition (No. B 1805079) against CTM No 9407586 CHAMPAGNOTHÈQUE (figurative) mark that was eventually limited to:

“wine with the registered designation of origin "Champagne"” in class 33;

“advertising; business management; business administration; office functions; demonstration of goods; organization of exhibitions for commercial or advertising purposes; presentation of goods on communication media, for retail purposes; commercial administration of the licensing of the goods and services of others; all the aforesaid services relating to wine with the protected designation of origin "champagne"; retailing of wine with the protected designation of origin "champagne" and oenological articles relating to the aforesaid wine” in class 35;

“education, providing of training, entertainment; sporting and cultural activities; organization of exhibitions for cultural or educational purposes; arranging and conducting of training workshops, colloquiums, conferences, congresses and seminars; all the aforesaid services relating to wine with the protected designation of origin "champagne"” in class 41; and

“services for providing food and drink; temporary accommodation; all the aforesaid services relating to wine with the protected designation of origin "champagne" in class 43.

                         

The opposition was directed against all the goods and services and based on Article 8(4) CTMR (sign used in the course of trade in France, of more than mere local significance, in particular the appellation d’origine CHAMPAGNE).

Decision

In its decision of last year, the OHIM’s Opposition Division fully upheld the opposition against all the goods and services covered by the application. According to the Opposition Division, despite the fact that the goods and services were restricted to Champagne and the services to the sales and promotion of Champagne only, taking into account the reputation of CHAMPAGNE, the contested application was held to still be in violation of the French legislation granting protection to the appellation d’origine CHAMPAGNE and to exploit the reputation of CHAMPAGNE,

An appeal was filed but subsequently the CTM application was withdrawn so that the decision has become final.