114 WINE LAW General Court considered that the concept of trademarks family does not fall within the scope of absolute grounds for refusal, which requires an assessment of the application in view of its own characteristics. The strict application of the exception allows for the strengthening of the absolute grounds of nullity of article 7(1)(j) EUTMR and of the mandatory link of the sign to the product whose designation is protected, whose application is completed by the recognition of traditional terms for wines and traditional specialities guaranteed as absolute grounds of nullity. I.4.2. A MANDATORY CONNECTION WITH THE WINE ITSELF The traditional term for wines and traditional speciality guaranteed are used to qualify a characteristic of a product. They are regulated terms, not industrial property rights. Indeed, a traditional term for wines is defined by article 112 of Regulation No 1308/2013 as “a term traditionally used in Member States […] to designate: (a) that the product has a protected designation of origin or a protected geographical indication under Union or national law; or (b) the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication”. The traditional terms for wines protected in the EU are now listed in the E-Bacchus database30. Furthermore, traditional terms for wines are complements to the indication of origin of the wine. In addition to the geographical origin, these terms identify a specific characteristic or quality of the wine within a classification specific to its appellation (e.g. “Reserve”, “Fino”, “Vin Jaune”, “Premier Cru”), or which refers to the holding (e.g. “Château”, “Clos”). A traditional speciality guaranteed31 is defined by article 18 of Regulation No 1151/2012 as describing “a specific product or foodstuff that (a) results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; (b) is produced from raw materials or ingredients that are those traditionally used”. Therefore, it does not refer to an origin but to traditional production methods and recipes, which would apply to beers, for example, but not wines. The use of these terms in a trademark was already protected by general absolute grounds of nullity, against a sign, on the one hand, consisting exclusively of a traditional term for wine or of a traditional speciality guaranteed, 30 In France, traditional terms for wines are listed and ruled by article 13 of the Decree of 19 August 1921 implementing article L.214-1 of the Consumption Code on wines, sparkling wines and spirits and articles 7 and 10 of Decree no. 2012-655 of 4 May 2012 on labelling and product traceability and certain oenological practices. 31 Listed in the E-Ambrosia database.
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