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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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Anthonia Ghalamkarizadeh
Birgit Clark
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FRIDAY, 19 AUGUST 2011
Contested wafers: Czech GIs trump trade marks

A couple of contested applications for geographical Indication status have been resolved in favour of the Czech applicants, against challenges from Austria and Germany that the applied-for GIs were either generic or in conflict with trade marks for the words Karlsbader Oblaten. The relevant Regulations are as follows: 

Commission Implementing Regulation 744/2011 of 28 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Karlovarské oplatky (PGI)). The relevant provisions of this Regulation, which relate to the use of the term on a round wafer (details here) read thus:

Article 1 

The designation contained in the Annex to this Regulation shall be entered in the register. 

Article 2 

1. The term ‘Karlsbader Oblaten’ may be used to designate wafers not complying with the specification for ‘Karlovarské trojhránky’ for a period of 5 years from the date of entry into force of this Regulation. 

2. Trade marks containing the term ‘Karlsbader Oblaten’ that were protected through registration or acquired by use prior to 20 October 2004, shall not be invalidated nor shall their continued use be hindered by virtue of the registration of ‘Karlovarské oplatky’ as a protected geographical indication, provided the general requirements under trade mark legislation are otherwise met.

Commission Implementing Regulation 745/2011 of 28 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Karlovarské trojhránky (PGI)).   This Regulation is virtually the same as Regulation 745/2011, except that the name of the protected GI is different and the date mentioned in Article 2.2 is 19 October 2004.

 

Posted by: Blog Administrator @ 11.13
Tags: GIs,
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