Wine Law

102 WINE LAW trademark as to enable a wine to be distinguished from other wines and identified as coming from a specific company. It is worth mentioning that trademarks do not necessarily guarantee the link between the product’s quality and its geographical origin. Nevertheless, as regards trademarks, wine trademarks are exceptions to general trademark law, considering the particular link between the land and the name. It is reflected in all conditions of validity of a trademark, which has to be eligible for protection as a trademark (I), available (II) and legitimate (III). I. AN ELIGIBLE SIGN FOR PROTECTION AS A TRADEMARK Trademarks consist of the monopoly of a commercial sign. It is a territory of the exclusive right of use, which can be sought at a national or regional level. However, in terms of AOs and GIs, there is no global trademark law. A national trademark offers a geographical scope of protection, which is limited, as its name implies, to the national territory upon which the trademark has been filed and it is subject to the national law of this country. A national trademark can coexist with regional trademarks, such as the European trademarks (EUTM), which have a unitary character and consist of one single registration valid in all Member States. On an international level, the centralised Madrid system allows the filing and managing of trademarks in 122 countries, but it does not seek international protection. In Europe, trademarks are subject to the rules derived from the EU Directive 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trademarks (implemented in France by an Order of 13 November 2019 and a Decree of 9 December 2019) and the Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark (hereafter EUTMR). I.1. Definition of Trademark According to article 4 EUTMR, “an EUTM may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of: (a) distinguishing the goods or services of one undertaking from those of other undertakings; and (b) being represented on the Register of EUTMs, in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor”. The list of signs that can be filed or used as a trademark is not

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