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, 30 OCTOBER 2008
Spain - Geographic indications vs. trade marks.
The Spanish Supreme Court has confirmed the refusal of the Spanish trade mark application for "VINO DE LA TIERRA ARRIBES DEL DUERO" (translation: “WINE FROM THE LAND OF ARRIBES DEL DUERO”).
Posted by: Ignacio Marques @ 17.35
absolute grounds for refusal, geographic indication, Spain, wines.,
The Court has considered that this trade mark application could mislead the public as to the geographical origin of the branded wine. The main reason for such decision is that the refused trade mark application contained an express mention to “Duero”, name of an Iberian river commonly related to the Geographic Indication “Ribera de Duero” - this happens to be one of the most reputed wine-producing zones in Spain.
It was also found relevant in the case that the municipality of “Arribes del Duero" (also referred in the applied trade mark) is not recognized by the Spanish Agricultural Authorities as forming part of the territory covered by the Geographic Indication “Ribera del Duero’, this enhancing the likelihood of confusion.
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