PROTECTION OF WINE NAMES BY TRADEMARK LAW 111 sector, particularly AOs and GIs, which imply adjustments and limitations to freedom of choice in the trademark sign. Limitations to freedom of choice of the applicant for a geographical wine trademark derive from the prohibition of deceptive signs, based on the sustained willingness to protect the consumer from any misleading sign. Thus, according to article 7(1)(g) EUTMR, “trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service” are invalid. This general exclusion of deceptive signs has led, quite naturally, to the development of specific absolute grounds for invalidity linked to, among others, Designations of Origin (DOs) and GIs [art. 7(1)(j)], traditional terms for wine [art. 7(1)(k)], traditional specialities guaranteed [art. 7(1)(l)] and plant variety denomination [art. 7(1)(m)]. The application of these absolute grounds for refusal or nullity to wine trademarks reflects a mandatory connection between the sign, the land and/or the wine itself. I.4.1. MANDATORY CONNECTION WITH THE LAND DOs and GIs are signs for collective use, which cannot be appropriated by an individual market player. However, they can be integrated into a trademark denomination, provided their registration as a trademark is not excluded under EU legislation, national laws or relevant international agreements [art. 7(1)(j) EUTMR]. This reference to national laws and international agreements allows for the application of standards with varying regimes and scope of protection, especially concerning international agreements. As regards national law, the scope of protection is exclusively determined by EU regulations that have an exclusive competence. As regards EU legislation, article 102 of the Regulation (EU) No 1308/2013 of 17 December 2013 establishing a common organisation of the markets in agricultural products provides that a trademark that contains or consists of a Protected Designation of Origin (PDO) or a GI, which does not comply with the product specification concerned or its use, shall be refused registration. Similar provisions are provided for spirits by article 14(1) of Regulation (EU) 2019/787 and article 23(2) of the TRIPS Agreement. PDOs and GIs require, inter alia, that the grapes from which the product is produced come from that geographical area (exclusively for DOs and at least 85% for GIs) and that the production takes place in that geographical area21. 21 Article 93 of Regulation (EU) No 1308/2013. The DOs and GIs protected in the EU are listed in the eAmbrosia data-base.
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