PROTECTION OF WINE NAMES BY TRADEMARK LAW 109 Sandro Bottega’s reflective pink and golden bottles15, together with their specific collio shape, the capital letter B and the satin finish flame design. Conversely, this bottle was refused registration as a sign16 since it consists of a canteen shape bottle with some modifications that do not differ significantly from the old canteen shape, an industry standard. In this case, there were no additional elements, such as a denomination or a label. I.3. A Lawful Sign Under article 7(1)(f) EUTMR, signs that are contrary to the public policy or the accepted principles of morality are excluded from registration. From this prohibition follows that of trademarks, which may include badges, emblems or escutcheons, covered [art. 7(1)(h)] or not [art. 7(1)(i)] by article 6-ter of the Paris Convention for the Protection of Industrial Property. The grounds for refusal of article 7(1)(f) EUTMR are applicable even if they apply in only part of the European Union. In such context, Public Policy “refers to the body of EU law applicable in a certain area, as well as to the legal order and the state of law as defined by the Treaties and secondary EU legislation, which reflect a common understanding of certain basic principles and values, such as human rights”17. Therefore, there is a wine public policy consisting of the body of law applicable in the wine sector. 15 GCEU of 8 May 2019, Sandro Bottega T-324/18 and T-325/18. 16 GCEU of 24 September 2019, Fränkischer Weinbauverband T68/18. 17 See EUIPO Trademark guidelines Part B, section 4.7.
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