162 WINE LAW In the case of the Community of Galicia, Law 2/2005, of 18 February 2005, on the promotion and defence of Galician food quality, in addition to establishing the same rules as the Community of the Basque Country [art. 9(4) and (5)]12, it provides that “without prejudice to the provisions of the previous paragraph, the regulations of each geographical quality designation may require that the trademarks used on the products covered by it are not used on others of a similar kind that are not protected by it” [art. 9(6)]. Accordingly, article 69(2), when regulating very serious infringements, considers as such “failure to introduce on the labels and presentation of foodstuffs sufficient elements to clearly differentiate their classification and origin, in order to avoid confusion among consumers, arising from the use of the same trademark, trade name or company name in the marketing of products included in a given geographical designation or other indication of quality and others that are not”. Moreover, article 72(2) (sanctions), includes an accessory penalty to the previous ones, stating that, “in cases of infringements classified as serious or very serious, committed by persons listed in the registers of geographical designations, brands or other food quality protection figures, when the actions carried out have caused serious damage or discredit to the designation, brand or figure of protection, the authority responsible for resolving the case may agree, as an accessory sanction, the temporary suspension of the right to use the designation, brand or figure in question, or the definitive removal from its registers”13 . As regards the regulation in the Community of Castile and León, Law 8/2005, of 10 June 2005, on the Vine and Wine of Castile and León also contains prescriptions in this respect in several provisions [artt. 13(2) and 50(1)(b)], which follow the same line as the previous communities14. Furthermore, along the same 12 The text is as follows: “trademarks, trade names or company names referring to geographical names protected by designations may only be used on products entitled to the designation in question, without prejudice to the provisions of Community legislation on this matter” [art. 9(4)] and “where the same trademark, trade name or company name is used for the marketing of a product with a quality geographical designation and another or others of a similar kind without such a quality designation, the labelling, presentation and advertising of these products must include sufficient elements to clearly and simply differentiate the product with the designation from the one without it, in order to avoid, in any case, confusion among consumers” [(art. 9(5)]. 13 This provision is supplemented by the following measure: “The temporary suspension shall entail the loss of the right to labels or other documents specific to the designation, for a maximum period of three years, in the case of an infringement classified as serious. In the case of a very serious infringement, the temporary suspension may be imposed for a maximum period of five years or permanent cancellation. Removal shall entail the exclusion of the offender from the registers and, as a consequence, the loss of the rights inherent in the name or trademark”. 14 Thus, article 13(2), on the protection of geographical names and the use of trade names and trademarks, states that “without prejudice to the protection of the geographical name referred to in the preceding paragraph, the use of trademarks and trade names shall be governed by the provisions of the relevant state legislation, and no limitations on the industrial property rights they entail shall be admissible other than those provided for in the aforementioned legislation. However, in the application of the provisions of article 26(2)(e) of this Law, the management body may require that, on the labelling of protected wines, any wording guaranteeing the clear identification of the origin of the wine is included, in order to avoid any confusion for consumers”.
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