Wine Law

106 WINE LAW In the wine sector, the relevant public is usually considered as composed of wine professionals and the general public with an average level of attention since wines are consumer products. Therefore, the following signs have been refused registration:  Classic Fine Foods for delicatessen services in class 358 (advertising) – the three terms are part of the basic English vocabulary and they give rise to a usual lexical combination that can be easily recognised by users as designating services directly or indirectly related to food or any nutrient of very high quality or quality. The figurative element, consisting of the representation of a chef’s toque, does not provide an additional characteristic to the sign and merely reinforces the descriptive meaning of the verbal elements of the trademark, since the chef’s toque is usually accepted as referring to food and cooking;  AdegaBorba.pt, for wine products – it associates two words, namely a descriptive term (“adega”, the Portuguese word for “wine cellar”, thus referring to facilities or sites in which such products are produced) and a geographical name (“Borba”, the geographical origin of those goods), which is also descriptive of the goods9; and  Lieblingsweine for products and services in classes 21 (parts or accessories of wine bottles, containers used for preserving wine), 33 (wine and spirits) and 43 (bar and restaurant services), since the relevant public (the general public and the professional public with a good command of the German language) will understand the term “lieblingswein” as “wine that we drink/drink most often”, or “wine held in high esteem, and which is preferred above all other wines”. Indeed, the combination “lieblingswein. It is not an unusual neologism, with a comprehensible message and positive connotations. Thus, the applied sign is descriptive for all goods and services since it will be perceived as a concrete and promotional indication that they contain or are intended to be used in association with a wine considered to be of a high-quality. The minimalist graphic configuration will, at best, be perceived as mere decoration, being 8 GCUE of 14 July 2017, Classic fine foods T-194/16; see also TUE of 1 February 2013, Perle’, T-104/11. 9 EUCJ of 6 December 2018, adegaborba.pt C-629/17.

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